Nitro Powder Co. v. Marx — 212 N.Y. 612

Majority

p. 612

The Nitro Powder Company, Appellant, v. Marx & Rawolle, Respondent.

Headnote

Nitro Powder Co. v. Marx & liawolle, 148 App. Div. 671 , affirmed.

(Argued October 7,1914;

decided October 28, 1914.)

Appeal from a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered January 9, 1912, which affirmed a judgment in favor of the defendant entered upon a dismissal of the complaint hy the court at a Trial Term in an action to recover for an alleged breach of contract.

p. 613

Arthur C. Connelly, Howard Chipp and E. Metzger for appellant.

Warren Bigelow and Alfred W. Varian for respondent.

Judgment affirmed, with costs; no opinion.

Concur: Werner, Hiscock, Chase, Collin, Hogan, Miller and Cardozo, JJ.