Herbert v. Duryea

Full title: Henry L. Herbert and Gilbert I. Herbert, Appellants, v. John Duryea…

Court: Appellate Division of the Supreme Court of New York, First Department

Date published: Apr 1, 1897

16 App. Div. 633 (N.Y. App. Div. 1897)

Opinion

April Term, 1897.

Judgment reversed, new trial ordered, costs to appellants to abide event. —

WILLIAMS, J.:

The questions arising in this case are the same as those presented in the case of Castner v. Duryea, decided herewith (see ante, p. 249), and for the reasons stated in the opinion in that case the judgment should be reversed and a new trial ordered, with costs to appellants to abide event. Van Brunt, P.J., Patterson, Ingraham and Parker, JJ., concurred.