Hyperlawhypertext legal database Congdon v. Westcott Express Co. 72 N.Y.S. 1098

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Congdon v. Westcott Express Co.

72 N.Y.S. 1098 Court N.Y. App. Div. Decision date 1901-10-08 English

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p. 1098
CONGDON, Respondent, v. WESTCOTT EXP. CO., Appellant.
(Supreme Court, Appellate Division, Fourth Department.
October 8, 1901.)

Headnote

Action by S. Grace Congdon against the Westcott Express Company.

Order reversed, with $10 costs and disbursements, and motion granted, with $10 costs to abide event, upon the authority of Osterhout v. Rabe, 39 App. Div. 413 , 57 N. Y. Supp. 336 . Plaintiff to have the tight to exercise the option specified in the order appealed from. Form of order to be settled by and before Mr. Justice SPRING, upon two days’ notice. All concur, except MCLENNAN and HISCOCK, JJ., who dissent.

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