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General
De Witt A. Hayes, Respondent, v. Simeon S. Gross, Appellant
162 N.Y. 610·New York Court of Appeals·1900·NY
Concur: Parker, Oh. J., Gray, O’Brien, Haight, Cullen and’ Werner, JJ. Not sitting, Landon, J.
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Opinion
De Witt A. Hayes, Respondent, v. Simeon S. Gross, Appellant.
Hayes v. Gross, 9 App. Div. 13, affirmed.
(Argued February 15, 1900;
decided March 13, 1900.)
Appeal from a judgment and order of the Appellate Division of • the Supreme Court in the third judicial department, entered respectively October 9, 1896 and September 29,1896, modifying, and affirming as modified a judgment in favor of plaintiff, entered upon the report of a referee.
Edgar A. Spencer for appellant.
A. D. L. Baker for respondent.
[MAJORITY]
Judgment and order affirmed, with costs, on opinion b.elow.
Concur: Parker, Oh. J., Gray, O’Brien, Haight, Cullen and’ Werner, JJ. Not sitting, Landon, J.