Majority
p. 1143DEANE, Respondent, v. SIRE, Appellant, et al. (Supreme Court, Appellate Term. June 22, 1905.)
Headnote
Action by Sydney Deane against Leander S. Sire, impleaded, etc. From a judgment of the City Court in favor of plaintiff, defendants appeal.Affirmed.
William L. Stone, Jr., for appellant.
Maxwell C. Katz, for respondent.
It does not appear that the verdict was against the weight of evidence. The arbitration clause did not constitute a condition precedent (Seward v. City of Rochester, 109 N. Y. 164 , 16 N. E. 348 ), and there is no exception to a ruling that may have prejudiced the defendant. Hence the judgment and order will be affirmed. Judgment affirmed, with costs.
Cases cited
- Seward v. City of Rochester 109 N. Y. 164 p. 1143