Heye v. Tilford — 27 N.Y.S. 1106

Majority

p. 1106

HEYE, Respondent, v. TILFORD et al., Appellants.

(Supreme Court, General Term, First Department.

February 16, 1894.)

Headnote

Action by Gustave Heye, as surviving executor, etc., against Henry M. 'Tilford and others. '

Argued before VAN BRUNT, P. X, and O’BRIEN arid FOLLETT, XT.

,P. B. Olney, for appellants.

,E. B. Hill,:for respondent.

No opinion. Order reversed, without costs, and motion granted upon payment of $10 costs, and upon condition that defendant pay the costs of the •action which had accrued at the time of the motion; costs to be taxed by cthe clerk.