Millard Construction Co. v. Deiches — 208 N.Y. 575

Majority

p. 575

Millard Construction Company, Respondent, v. Maurice Deiches, as Receiver of The Ætna Indemnity Company, Appellant.

Headnote

Millard Construction Co. v. Deiches, 150 App. Div. 71 , affirmed,

(Argued April 2, 1913;

decided April 22, 1913.)

Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered April 12, 1912, reversing a judgment in favor of defendant entered upon a verdict directed by the court and granting a new trial in an action to recover upon an indemnity bond.

George M. Mackellar, Martin A. Schenck and T. . Tileston Wells for appellant.

Wilbur L. Ball for respondent.

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

Concur: Cullen, Ch. J., Willard Bartlett, His-cook, Chase, Cuddebaok and Hogan, JJ.. Not. sitting: Miller, J.