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Barber v. Ellingwood

115 N.Y.S. 46 Court N.Y. App. Div. Decision date 1909-02-19 English

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p. 46
BARBER v. ELLINGWOOD et al.
(Supreme Court, Appellate Division, First Department.
February 19, 1909.)

Headnote

Appeal from Trial Term, New York County.
Action by Clarence L. Barber against Charles H. EUingwood and another. From an order directing a compulsory reference, plaintiff appeals. Reversed, and motion denied.
Argued before INGRAHAM, MeLAUGHLIN, LAUGHLIN, CLARKE, and SCOTT, JJ.
Irving Paine, for appellant.
Duncan Edwards, for respondents.

For the reasons stated in action No. 1 ( 115 N. Y. Supp. 43 ) between the same parties, the order appealed from must be reversed, with $10 costs and disbursements, and^the motion denied, with $10 costs.