Kohler v. Eich — 286 N.Y. 597

Majority

p. 597

Margaret B. Kohler et al., Appellants, against Joseph Eich, Respondent.

Argued May 23, 1941;

decided June 19, 1941.

p. 598

S. Frederick Placer and George J. Gruenberg for appellants.

Frederick Mellor and William Butler for respondent.

Judgment affirmed, with costs; no opinion.

Concur: Lehman, Ch. J., Loughran, Finch, Lewis and Desmond, JJ. Rippey and Conway, JJ., dissent on the ground that the credibility of the testimony produced by the defendant should have been submitted to the jury.