Avert v. Jacob — 38 N.Y. St. Rep. 1026

Majority

p. 1026

George P. Avert, Resp’t, v. William H. Jacob, Ex’r, et al., App’lts.

Headnote

Appeal by defendants from a judgment in favor of the plaintiff, entered upon the report of a referee.

E. Luther Hamilton (Austen G. Fox, of counsel), for app’lts; E. H. Benn, for resp’t.

The questions presented by the appeal bring the facts which are complicated. There is no controversy as to the law applicable to the case. The facts, and all questions arising thereon, have been fully discussed by the referee in an elaborate opinion, and a careful examination of the whole case has failed to disclose any error committed by him.

The judgment should be affirmed, with costs, on the opinion of the referee.

Sedgwick, Oh. J., and McAdam, J., concur.