Majority
p. 1142NEEDHAM PIANO & ORGAN CO., Respondent, v. POWELL, Appellant. (Supreme Court, Appellate Term. December 28, 1899.)
Headnote
Action by the Needham Piano & Organ Company against Josephine Powell. From a judgment for plaintiff, defendant appeals. Affirmed. Leroy M. Young, for appellant. Morris Putnam Stevens, for respondent.This appeal was taken on the authority of Phillip Semmer Plate-Glass Co. v. Nassau Show-Case Co., 28 Misc. Rep. 577 , 59 N. Y. Supp. 530 ; but the order in that case has since been reversed by the appellate division (Nov. 1899 ; 62 N. Y. Supp. 703 ). That decision is controlling, and calls for an affirmance of this judgment. Judgment affirmed, with costs to the respondent.
Cases cited
- Phillip Semmer Glass Co. v. Nassau Show-Case Co. 28 Misc. Rep. 577 p. 1142