Barney v. Hoyt — 210 N.Y. 542

Majority

p. 542

Ashbel H. Barney et al., as Executors of Charles T. Barney, Deceased, et al., Respondents, v. Henry R. Hoyt et al., Individually and as Executors of Alfred M. Hoyt, Deceased, et al., Appellants.

Headnote

Barney v. Hoyt, 150 App. Div. 361 , affirmed.

(Argued December 15, 1913;

decided December 30, 1913.)

Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered May 24, 1913, reversing a judgment in favor of defendants entered upon a dismissal of the complaint by the court at Special Term and granting a new trial in an action to establish title in certain lands.

Benjamin N. Oardozo and Charles K. Carpenter for appellants.

Morgan J. O’Brien for respondents.

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

Concur: Cullen, Ch. J., Werner, Hisoook, Chase, Collin and Cuddeback, JJ. Absent: Willard Bartlett, J.

Cases cited

Barney v. Hoyt 150 App. Div. 361 N.Y. App. Div. 1912-05-03 p. 542