Clausen v. Herrmann Realty Co. — 205 N.Y. 621

Majority

p. 621

Charles C. Clausen, Appellant, v. Herrmann Realty Company, Respondent.

Headnote

Clausen v. Nerrmann Realty Co., 140 App. Div. 910 , modified.

(Argued May 16, 1912;

decided June 4, 1912.)

Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered November 3, 1910, affirming a judgment in favor of defendant entered upon a dismissal of the complaint by the court on trial at Special Term in an action to cancel a certain contract of guaranty.

Edward W. S. Johnston for appellant.

Harold Swain and Henry L. Moses for respondent.

p. 622

Judgment modified by striking out the words “ on the merits,” and as modified affirmed, without costs in this court; no opinion.

• Concur: Cullen, Ch. J., Haight, Werner, Willard Bartlett, Hisgock, Chase and Collin, JJ.