Contracts · MBE-tested
Mary Sweeny et al., as Administrators of Dennis Sweeny, Sr., Deceased, Respondents, v. L. Laflin Kellogg, Appellant
185 N.Y. 547·New York Court of Appeals·1906·NY
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Opinion
Mary Sweeny et al., as Administrators of Dennis Sweeny, Sr., Deceased, Respondents, v. L. Laflin Kellogg, Appellant.
Sweeny v. Kellogg, 103 App. Div. 609, affirmed.
(Argued April 19, 1906;
decided May 8, 1906.)
Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered April 13, 1905, affirming a judgment in favor of plaintiffs entered upon a verdict and an order denying a motion for a new trial in an action for the specific performance of a contract under which defendant received a certain sum of money as trustee to be distributed by him upon the settlement of a dispute.
Abram J. Rose, L. Laflin Kellogg and Alfred G. Petté for appellant.
Frederic J. Swift for respondents.
[MAJORITY]
Judgment affirmed, with costs ; no opinion.
Concur: Cullen, Ch. J., Gray, Edward T. Bartlett, Haight, Vann, Willard Bartlett and Chase, JJ.