Jenks v. Beard — 101 N.Y.S. 1126

Majority

p. 1126

JENKS, Appellant, v. BEARD et al., Respondents.

(Supreme Court, Appellate Division, Second Department.

November 21, 1906.)

Headnote

Action by Edward A. Jenks against William Beard and Jeremiah R. Beard, trustees, etc., of William Beard, deceased.

Order modified by inserting a provision requiring the defendants as a condition of the granting of the new trial to pay the costs of the trial and all disbursements in the action to date, together with the costs of this appeal, all to be paid within 20 days from the entry of this order, and, as modified, affirmed, with costs; otherwise, order reversed, and judgment directed on the verdict, with

HIRSOHBERG, P. J., and RICH, J., vote to reverse the order and reinstate the verdict.