General
Henry W. Stikeman et al., Respondents, v. Edward J. Flack, as Treasurer of " Company D " of the Seventy-first Regiment, National Guard of New York, Appellant
175 N.Y. 512·New York Court of Appeals·1903·NY
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Opinion
Henry W. Stikeman et al., Respondents, v. Edward J. Flack, as Treasurer of “ Company D ” of the Seventy-first Regiment, National Guard of New York, Appellant.
Stikeman v. Flack, 58 App. Div. 277, reversed.
(Argued December 2, 1902;
decided June 16, 1903.)
Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered March 29, 1901, affirming a judgment in favor of plaintiff entered upon a verdict and an order denying a motion for a new trial.
George B. Class for appellant.
Louis H. Porter for respondents.
[MAJORITY]
Judgment reversed, new trial granted, costs to abide event, on the dissenting opinion below.
Concur: O’Brien, Martin, Yann and Cullen, JJ. Dissenting : Parker, Ch. J., Gray and Werner, JJ.