McEwan Bros. v. Billings — 203 N.Y. 600

Majority

p. 600

McEwan Brothers, Respondent, v. Ledrue Billings, Appellant, Impleaded with Others.

Headnote

McEwen Brothers v. Kervin 138 App. Div. 915 , reversed.

(Argued November 1, 1911;

decided November 21, 1911.)

Appeal from a judgment of the Appellate Division of the Supreme Oourt in the fourth judicial department, entered May 24, 1910, affirming a judgment in favor of plaintiff entered upon a verdict in an action to recover upon an account for goods alleged to have been sold and delivered.

M. B. Jewell for appellant.

James T. Ward for respondent.

Judgment reversed and new trial granted, costs- to abide event, because of error in admission of declarations of Whitney as to the interest of appellant Billings in oil leases and his membership in the Billings Oil Company; no opinion.

Concur: Cullen, Oh. J., Gray, Haight, Vann, Willard Babtlett, Hiscock and Collin, JJ.