Rathbone, Sard & Company v. Pacific Coast Casualty Co.

Majority

p. 606

Rathbone, Sard and Company, Respondent, v. Pacific Coast Casualty Company, Appellant.

Headnote

Rathbone, Sard & Co. v. Pacific Coast Casualty Co., 151 App. Div. 947 , appeal dismissed.

(Submitted April 28, 1913;

decided May 6, 1913.)

Motion to dismiss an appeal from a judgment of the Appellate Division of the Supreme Court in the third

p. 607

judicial department, entered January 15, 1913, affirming a judgment in favor of plaintiff entered upon a decision of the court at a Trial Term without a jury in an action to recover upon a policy of casualty insurance.

The motion was made upon the grounds that the affirmance by the Appellate Division was unanimous and that the exceptions were frivolous.

Townsend K. Wellington for motion.

Joseph JST. Tuttle and Jeremiah J. Goughian opposed.

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