Majority
p. 597Phoebe A. D. Boyle et al., as Executors of and Trustees under the Will of John Boyle, Deceased, Appellants, v. John Boye & Company, Incorporated, Respondent. Same, Appellants, v. Same, Respondent. (Argued January 12, 1911; decided January 27, 1911.)
Headnote
Boyle v. Boyle & Co., Inc., 136 App. Div. 367 , affirmed.Appeal in each of the above-entitled actions from an order of the Appellate Division of the Supreme Court in the second judicial department, entered January 14, 1910, reversing a judgment in favor of plaintiffs entered upon a decision of the court on trial at Special Term and granting a new trial. The actions were brought to impress trusts upon certain property in the possession of the defendant.
Delos McCurdy and Horatio C. King for appellants.
Charles Strauss and Eugene D. Boyer for respondent.
Order affirmed and judgment absolute ordered against the appellants on the stipulation, with costs in all courts in each case; no opinion.
Concur: Cullen, Ch. J., Gray, Haight, Vann, Werner, Hiscock and Collin, JJ.