McCabe v. McCabe — 213 N.Y. 673

Majority

p. 673

Edward McCabe, Appellant, v. Mary G. McCabe, as Executrix of Peter McCabe, Deceased, Respondent.

(Argued December 2, 1914;

decided December 18, 1914.)

Headnote

McCabe v. McCabe, 158 App. Div. 894 , affirmed.

Appeal from a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered July 25, 1913, affirming a judgment in favor of defendant entered upon the report of a referee in an action

p. 674

to recover for merchandise alleged to have been sold and delivered.

Patrick C. Dugan and Edgar T. Brackett tor appellant.

Thomas F. McDermott and Andrew Vanderzee for respondent.

Judgment affirmed, with costs; no opinion.

Concur: Willard Bartlett, Ch. J., Hiscock, Chase, Collin, Cuddeback, Miller and Cardozo, JJ.