General
Appolonia Warth, as Executrix of Albion Warth, Deceased, Appellant, v. J. M. Mertens, Individually and as Surviving Partner of the Firms of Theo. Dissell & Co. and J. M. Mertens & Co., Respondent
173 N.Y. 626·New York Court of Appeals·1903·NY
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Opinion
Appolonia Warth, as Executrix of Albion Warth, Deceased, Appellant, v. J. M. Mertens, Individually and as Surviving Partner of the Firms of Theo. Dissell & Co. and J. M. Mertens & Co., Respondent.
Worth v. Mertens, 71 App. Div. 395, affirmed.
(Argued. January 21, 1903;
decided February 10, 1903.)
Appeal from a judgment of the Appellate Division of the Supreme Court in thk first judicial department, entered July 9, 1902, affirming a judgment in favor of defendant entered upon a verdict and an order denying a motion for a new trial.
Rudolf Dulon and Edward S. Clinch for appellant.
John Brooks Leavitt for respondent.
[MAJORITY]
Judgment affirmed, with costs ; no opinion.
Concur: Parker, Ch. J., Bartlett, Haight, Martin, Cullen and Webneb, JJ. Absent: O’Brien, J.