Krasselt v. Worth — 129 N.Y.S. 1131

Majority

p. 1131

KRASSELT et al., Appellants, v. WORTH et al., Respondents.

(Supreme Court, Appellate Division, Fourth Department.

May 24, 1911.)

Headnote

Action by William Krasselt and another, as executors, etc., against Louise Worth and others.

Judgment and order reversed, and new trial ordered, with costs to appellants to abide event. Held, that upon the evidence as it stood when the plaintiffs rested they had made out a prima facie case, and a nonsuit should not have been granted, and the third finding in the decision is not sustained by the evidence.

ROBSON, J., dissents.