Hamlin v. Bender — 159 N.Y.S. 1117

Majority

p. 1117

Joseph A. HAMLIN, as Commissioner of Public Safety of Utica, respt., v. Austin W. BENDER, applt.

(Supreme Court, Appellate Division, Fourth Department.

May 24, 1916.)

Headnote

Judgment affirmed with costs.

We think no useful purpose will be served by a further discussion here of the questions so fully considered in the opinion below ( 92 Misc. Rep. 16 , 155 N. Y. Supp. 968 ). The authorities aro in conflict and the questions can only be settled by the court of last resort. We agree with the conclusions reached by the trial court and do not concur in the views which prevailed in People v. Hemleb, 127 App. Div. 356 , 111 N. Y. Supp. 690 . All concur ; De Angelis, J., not sitting.

Cases cited

Hamlin v. Bender 92 Misc. Rep. 16 N.Y. Sup. Ct. at 155 p. 1117
People v. Hemleb 127 App. Div. 356 N.Y. App. Div. 1908-06-29 p. 1117