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De Graffenried v. Miller

110 N.Y.S. 829 Court N.Y. App. Term Decision date 1908-06-03 English

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p. 829
DE GRAFFENRIED et al. v. MILLER.
(Supreme Court, Appellate Term.
June 3, 1908.)

Headnote

Appeal from Municipal Court, Borough of Manhattan, Ninth District.
Action by Gertrude De Graffenried and another against Edward Miller, Jr. From a judgment for defendant, plaintiffs appeal.
Affirmed.
Argued before GIEDERSLEEVE, P. J., and GIEGERICH and GREENBAUM,JJ.
Thornton & Earle, for appellants.
David C. Myers, for respondent.

Judgment affirmed, with costs. See opinions in appeal No. 117, 110 N. Y. Supp. 826 .

For the reasons stated in my dissenting opinion in action No. 1 ( 110 N. Y. Supp. 826 ), the opinions in which are herewith handed down, the judgment should be reversed, and a new trial ordered, with costs to appellants to abide the event.