Meyers v. Rich — 74 N.Y.S. 1137

Majority

p. 1137

MEYERS v. RICH et al.

(Supreme Court, Appellate Division, First Department.

January 24, 1902.)

Headnote

Action by Augustus Meyers against Lawson C. Rich and others. From a judgment in favor of plaintiff and of defendant D. K. Martin Roofing & Manufacturing Company, Charles N. Talbot, as assignee for the benefit of creditors of Andrew J. Robinson, appeals.

Reversed.

Henry D. Baldwin, for appellant.

H. B. Olosson, for respondent Meyers.

W. C. Percy, for respondent D. K. Martin Roofing & Mfg. Co.

The questions involved on this appeal are the same as those under consideration in the case of John P. Kane Co. v. Kinney (decided herewith) 74 N. Y. Supp. 260 , and for the reasons assigned in the opinion in that ease the judgment appealed from must be reversed, and judgment directed for the defendant, dismissing the complaint upon the merits, without costs.