Schefer v. Carton — 207 N.Y. 722

Majority

p. 722

Carl Schefer et al., Copartners under the Firm Name of Schefer, Schramm & Vogel, Respondents, v. Andrew B. Carton et al., Appellants.

Headnote

Schefer v. Carton, 145 App. Div. 918 , affirmed.

(Submitted January 27, 1913;

decided February 11, 1913.)

Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered June 23, 1911, affirming a judgment in favor of plaintiffs entered upon a decision of thé court at a Trial Term without a jury in an action to recover a balance alleged to be due for merchandise sold and delivered.

I. Gainsburg for appellants.

Abram I. Elkus and Joseph M. Proskauer for respondents.

Judgment affirmed, with costs, on authority of Hadley Falls Nat. Bank v. May ( 29 Hun, 404 ; affd., 99 N. Y. 671 ); no opinion.

Concur: Cullen, Ch. J., Gray, Werner, Chase, Collin and Cuddeback, JJ. Not sitting: Miller, J.