Gleasner Compressed Air Supply & Equipment Co. v. Thompson-Starrett Co.

Majority

p. 509

Gleasner Compressed Air Supply and Equipment Company, Inc., Respondent, v. Thompson-Starrett Company, Inc., et al., Appellants.

(Argued March 1, 1927;

decided March 29, 1927.)

Headnote

Appeal — unanimous affirmance — constitutional question not presented — appeal dismissed.

Gleasner Compressed A. S. & E. Co., Inc., v. Thompson-Starrett Co., Inc., 217 App. Div. 785 , appeal dismissed.

Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department,

p. 510

entered August 6,1926, unanimously affirming a judgment in favor of plaintiff entered upon a verdict directed by the court. Plaintiff-respondent argued that permission to appeal had not been obtained by appellants and that no constitutional question was raised by exception, motion or pleading in the court below.

Frank G. Raichle for appellants.

J. Edmund. Kelly and William S. Rann for respondent.

Appeal dismissed, with costs; no opinion.

Concur: Cardozo, Ch. J., Pound, Crane, Andrews, Lehman, Kellogg and O’Brien, JJ.