Majority
p. 582Euphemia S. Coffin, Appellant v. Elizabeth Jane Atkins, Impleaded, Respondent. Decided April 6, 1891.
Headnote
Appeal from judgment dis
p. 583
missing the complaint and awarding costs to defendant Atkins, entered upon the findings and decision of a judge on a trial at special term before the court without a jury.
Edmund Coffin, Jr., for appellant.
Daly, Hoyt & Mason, for respondent.
Before Sedgwick, Ch. J,, Truax and Dugro, JJ.
The Court (Dugro, J., writing, Sedgwick, Ch. J., and Truax, J., concurring) held, that the evidence was insufficient to sustain plaintiff’s cause of action and affirmed the judgment.