Crocker-Wheeler Co. v. Genesee Recreation Co. — 147 N.Y.S. 1105

Majority

p. 1105

CROCKER-WHEELER CO., Appellant, v. GENESEE RECREATION CO., Respondent.

(Supreme Court, Appellate Division, Fourth Department.

April 4, 1914.)

Headnote

Action by the Crocker-Wheeler Company against the Genesee Recreation Company. For former opinion, see 160 App. Div. 373 , 145 N. Y. Supp. 477 . See, also, 146 N. Y. Supp. 1088 .

Upon the reargument, order reversed, with costs, and judgment directed for the plaintiff upon the verdict, with costs, awarding possession of the two larger generators to the plaintiff, or, in the alternative, for the sum of $1,328, with interest thereon from the 25th day of December, 1907, and awarding possession of the smaller generator to the defendant.

KRUSE, P. J., and MERRELL,- J., dissent, and vote for affirmance.

Cases cited

Crocker-Wheeler Co. v. Genesee Recreation Co. 160 App. Div. 373 N.Y. App. Div. 1914-01-07 p. 1105