Cordts v. Hutton Co. — 266 N.Y. 400

Majority

p. 400

Matilda L. Cordts, Individually and as Executrix of John N. Cordts, Deceased, et al., Appellants, v. The Hutton Company et al., Respondents.

(Argued October 24, 1934;

decided November 27, 1934.)

p. 401

William D. Cunningham and John J. Dillon for appellants.

Harry H. Flemming for respondents.

Appeal from order granting an additional allowance dismissed, with costs. Judgment modified by striking out provision for an additional allowance and as so modified affirmed, without costs. Held, that this is not a proper case for an additional allowance under Civil Practice Act, section 1513, subdivision 2. No opinion.

Concur: Pound, Ch. J., Crane, Lehman, O’Brien, Hubbs and Crouch, JJ. Not sitting: Loughran, J.