Brothers v. Billings

156 N.Y.S. 1132 Court N.Y. App. Div. Decision date 1915-12-08 English

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Majority

p. 1132

McEWEN BROTHERS, respondent, v. Ledru BILLINGS, impleaded, etc., appellant.

(Supreme Court, Appellate Division, Fourth Department.

December 8, 1915.)

Judgment and order affirmed with costs. All concur, except Kruse, P. J., who dissents upon the ground that the testimony of the witness McCarthy that in not filing the lien he relied upon the defendant Billings’ promise to pay, was improperly received.