Pelly v. Robinson — 49 N.Y. St. Rep. 792

Majority

p. 792

Herbert Cecil Pelly, Resp’t, v. Andrew J. Robinson, Imp’ld., App’lt.

(Supreme Court, General Term, First Department,

Filed November 18, 1892.)

Headnote

Appeal from judgment in favor of plaintiff entered upon verdict directed by the court and from order denying motion for a new trial.

Edward S. Clinch, for app’lt; Birdseye, Cloyd & Bayliss (Laden Birdseye, of counsel), for resp’ts.

The case does not differ in any material respect from that of the same plaintiff against Onderdonk, and the points presented are the same as are involved in the appeal therein. The judgment and order appealed from must be affirmed, with costs and disbursements.

Van Brunt, F. J., and O’Brien, J., concur in result.