Pelly v. Naylor — 21 N.Y.S. 25

Majority

p. 25

PELLY v. NAYLOR et al.

(Supreme Court, General Term, First Department.

November 18, 1892.)

Headnote

Appeal from circuit court. New York county.

Action by Herbert Cecil Pelly against Frances S. Naylor and another, executors, etc., of Henry Naylor, deceased, and another. From a judgment directing a verdict for plaintiff, and from an order denying a motion .for a new trial, defendants Frances S. Naylor and another, executors, etc., appeal. Affirmed.

Argued before VAN BRUNT, P. J., and O’BRIEN and LAWRENCE, JJ.

Edward S., Clinch, for appellants.

Birdseye, Cloyd & Bayliss, (Lucien Birdseye, of counsel,) for respondent.

For the reasons stated in the opinion filed in the case of the Same Plaintiff against Onderdonk, 21 N. Y. Supp. 19 , we are of the opinion that the judgment and order below should be affirmed, with costs and disbursements.

VAN BRUNT, P. J., and O’BRIEN, J., concur in result.