General
Excelsior Steam Power Company et al., Appellants, v. The Cosmopolitan Publishing Company, Respondent
154 N.Y. 772·New York Court of Appeals·1897·NY
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Opinion
Excelsior Steam Power Company et al., Appellants, v. The Cosmopolitan Publishing Company, Respondent.
Excelsior Co. v. Cosmopolitan Co., 80 Hun, 592, reversed.
(Argued December 14, 1897;
decided December 17, 1897.)
Appeal from an order of the General Term of the Supreme-Court in the first judicial department, entered October 26, 1894, which reversed a judgment in favor of plaintiffs entered, upon the report of a referee and granted a new trial.
Alfred O. Reeves for appellants.
William L. Findley for respondent.
[MAJORITY]
Order of General Term reversed and judgment entered on report of referee affirmed, with costs, upon opinion of Follett, J., below.
Concur: Andrews, Ch. J., O’Brien, Bartlett and Martin, JJ.
Dissent: Gray, Haight and Vann, JJ.