Contracts · MBE-tested
John A. Bowers, Appellant, v. Mills W. Barse, Defendant and Spencer S. Bullis, Respondent
185 N.Y. 590·New York Court of Appeals·1906·NY
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Opinion
John A. Bowers, Appellant, v. Mills W. Barse, Defendant and Spencer S. Bullis, Respondent.
Bowers v. Barse, 96 App. Div. 636, affirmed.
(Submitted May 24, 1906;
decided June 12, 1906.)
Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered July 26,1904, affirming, a judgment in favor of defendant, respondent, entered upon a dismissal of the complaint as to him by the court on trial at Special Term in an action to recover on a contract guaranteeing payment of dividends upon certain stock of which plaintiff was the owner of a number of shares.
C. Walter Artz, Frederick W. Frost and Frank Sullivan Smith for appellant.
J. Arthur Corbin for respondent.
[MAJORITY]
Judgment affirmed, with costs; no opinion.
Concur: Cullen, Ch. J., Gray, Edward T. Bartlett, Werner and Hiscock, JJ. Absent: O’Brien, J. Not voting: Haight, J.