Milton Schnaier & Co. v. Grigsby — 199 N.Y. 577

Majority

p. 577

Milton Schnaier & Company, Appellant, v. Emilie B. Grigsby, Respondent.

Headnote

Schnaier & Co. v. Grigsby, 132 App. Div. 854 , affirmed.

(Argued October 6, 1910;

decided October 25, 1910.)

Appeal, by permission, from a judgment entered June 10, 1909, upon an order of the Appellate Division of the Supreme

p. 578

Court in the first judicial department, which affirmed, with direction for judgment absolute, a determination of the Appellate Term reversing a judgment of the New York City Court in favor of plaintiff • and granting a new trial in an action to foreclose a mechanic’s lien. The principal question involved was as to whether the plaintiff corporation could lawfully engage in the business of plumbing.

Milton Mayer for appellant.

L. Lafiin Kellogg and William K JJartpence for respondent.

Judgment affirmed, with costs, on opinion of Scott, J., below.

Concur: Cullen, Ch. J., Vann, Werner, Willard Bartlett, Uiscock and Chase, JJ.