Ognjenovich v. Troy Laundry Machinery Co. — 216 N.Y. 756

Majority

p. 756

Draga Ognjenovich, Appellant, v. Troy Laundry Machinery Company, Limited, Respondent.

Headnote

Ognjenovich v. Troy Laundry Machinery Co., Ltd., 160 App. Div. 914 , affirmed.

(Argued December 13, 1915;

decided January 4, 1916.)

Appeal from an order of the Appellate Division of the Supreme Court in the fourth judicial department, entered December 27, 1913, reversing a judgment in favor of plaintiff entered upon a decision of the court at a Trial Term without a jury and granting a new trial in an action to recover a sum paid as part of the purchase price of certain machinery pursuant to the terms of a written contract.

Charles Newton for appellant.

Charles W. Strong for respondent.

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

Concur: Willard Bartlett, Ch. J., Chase, Collin, Cuddeback, Hogan, Cardozo and Pound, JJ.