Shinola Co. v. House of Krieg — 145 N.Y.S. 1145

Majority

p. 1145

SHINOLA CO., Appellant, v. HOUSE OF KRIEG et al., Respondents.

(Supreme Court, Appellate Division, Fourth Department.

January 21, 1914.)

Headnote

Action by the Shinola Company against the House of Krieg and others.

Interlocutory judgment affirmed, with costs, with leave to the plaintiff to plead over within 20 days upon payment of the costs of the demurrer and of this appeal, for the reasons stated in the opinion of Sutherland, J., in same case, reported at 75 Misc. Rep. 220 , 133 N. Y. Supp. 1015 .

KRUSE, P. J., and ROBSON, J., dissent.