Hyperlawhypertext legal database Weil v. Harberger 128 N.Y.S. 1150

← Cases

Weil v. Harberger

128 N.Y.S. 1150 Court N.Y. App. Div. Decision date 1911-03-31 English

Decision Majority — PER CURIAM. · Dissent — McLAUGHLIN, J.

Contents
p. 1150
WEIL et al. v. HARBERGER et al.
(Supreme Court, Appellate Division, First Department.
March 31, 1911.)

Headnote

Appeal from Special Term, New York County. Action by Jonas Weil and another against Henry Harberger, impleaded. From a judgment for plaintiffs, defendant Harberger appeals. Affirmed.
See, also, 67 Misc. Rep. 227 , 124 N. Y. Supp. 473 .
Joseph G. Engel, for appellant.
Malcolm Sundheimer, for respondent.

Order affirmed, with $10 costs and disbursements.

I dissent, upon the ground that an issue was raised by the answer as to the amount which was owing to plaintiffs, and for that reason judgment could not be directed. under section 547 of the Code of Civil Procedure.

Cases cited