Schaefer v. Hilliker — 206 N.Y. 708

Majority

p. 708

Martin Schaefer, Respondent, v. John H. Hilliker et al., Appellants.

(Submitted October 11, 1912;

decided October 29, 1912.)

Headnote

Schaefer v. Hilliker, 140 App. Div. 173 , affirmed.

Appeal from an order of the Appellate Division of the Supreme Court in the second judicial department, entered October 7, 1910, reversing a judgment in favor of defendants entered upon a dismissal of the complaint by the court at a Trial Term and granting a new trial in an action to recover back money paid on account of the purchase price of real property and for the expense of examining title.

p. 709

John H. Steenwerth for appellants.

Lynn G. Norris and Francis X. Hennessy for Title Guarantee and Trust Company.

George A. Stamm for respondent.

Order affirmed and judgment absolute ordered against appellants on the stipulation, with costs in all courts; no opinion.

Concur: Cullen, Oh. J., Vann, Willard Bartlett, Hiscock, Chase and Collin, JJ. Absent: Haight, J.