George J. Meyer Malting Co. v. Doelger — 206 N.Y. 728

Majority

p. 728

George J. Meyer Malting Company, Respondent, v. Joseph Doelger et al., Appellants.

(Argued November 18, 1912;

decided November 26, 1912.)

Headnote

Meyer Malting Co. v. Doelger, 150 App. Div. 931 , appeal dismissed.

Motion to dismiss an appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered June 4, 1912, affirming a judg

p. 729

ment in favor of plaintiff entered upon a decision of the court at a Trial Term without a jury in an action to recover for goods alleged to have been sold and delivered.

The motion was made upon the ground that the exceptions were frivolous and the appeal taken only for purposes of delay.

Rudolph F. Rate for motion.

Henry Hirschfeld opposed.

Motion granted and appeal dismissed, with costs and ten dollars costs of motion.