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Hughes v. Breakwater Co.

148 N.Y.S. 1122 Court N.Y. App. Div. Decision date 1914-06-19 Docket No. 5992 English

Decision Majority — PER CURIAM. · Dissent — INGRAHAM, P. J.

Contents
p. 1122
HUGHES v. BREAKWATER CO.
(No. 5992.)
(Supreme Court, Appellate Division, First Department.
June 19, 1914.)

Headnote

Appeal from Trial Term, New York County. Action by James E. Hughes against the Breakwater Company. Judgment for plaintiff, and defendant appeals. Affirmed.
Emanuel J. Myers, of New York City, for appellant.
Horace L. Cheyney, of New York City, for respondent.

Judgment and order affirmed, with costs.

(dissenting). I dissent, upon the ground that the assumption of the debt of the bankrupt company by the defendant was without consideration, and the directors of the defendant had no power to assume such debt.