Ball v. Ensign — 210 N.Y. 631

Majority

p. 631

Charles E. Ball et al., as Surviving Partners of the Firm of Ball & Whicher, Appellants, v. Henry A. Ensign, as Surviving Partner of the Firm of E. D. Shepard & Company, Respondent.

Headnote

■ Ball v. Ensign, 150 App. Div. 939 , affirmed.

(Argued March 6, 1914;

decided March 24, 1914.)

Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered June 11, 1912, affirming a judgment in favor of defendant entered upon a dismissal of the complaint by the court at a Trial Term in an action to recover moneys alleged to have been paid under a mistake of fact.

p. 632

H. Aaron for appellants.

L. Laflin Kellogg and Alfred C. Petté for respondent.

Judgment affirmed, with costs; no opinion.

Concur: Willard Bartlett, Oh. J., Werner, Hisoook, Chase, Collin and Hogan, JJ. Not sitting: Miller, J.

H. Aaron for appellants. L. Laflin Kellogg and Alfred

C. Petté for respondent. Judgment affirmed, with costs; no opinion. Concur: Willard Bartlett, Oh. J., Werner, Hisoook, Chase, Collin and Hogan, JJ. Not sitting: Miller, J.