Kirkwood v. Smith — 211 N.Y. 576

Majority

p. 576

Fanny J. Kirkwood et al., as Executors of Thomas Kirkwood, Deceased, Respondents, v. Harry M. Smith, Individually and as Surviving Partner of C. S. Locke & Smith, et al., Appellants, Impleaded with Another.

Headnote

Kirkwood v. Smith, 149 App. Div. 946 , affirmed.

(Submitted May 5, 1914;

decided June 2, 1914.)

Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered April 5, 1912, affirming a judgment in favor of

p. 577

plaintiffs entered upon the report of a referee in an action for an accounting.

William R. Hill and Charles De Hart Brower for appellants.

H. Schieffelin Sayers for respondents.

Judgment affirmed, with costs; no opinion. „

Concur: Werner, Hiscock, Collin, Cuddeback and Cardozo, JJ. Not sitting: Willard Bartlett, Oh. J., and Miller, J. _