General
Paul R. G. Hoest, Respondent, v. Montauk Brewing Company, Appellant
192 N.Y. 555·New York Court of Appeals·1908·NY
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Opinion
Paul R. G. Hoest, Respondent, v. Montauk Brewing Company, Appellant.
Horst v. Montauk Brewing Co., 118 App. Div. 300, affirmed.
(Argued April 17, 1908;
decided May 19, 1908.)
Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered March 28, 1907, reversing a judgment in favor of defendant entered upon a dismissal of the complaint by the court at a Trial Term and granting a new trial in an action to recover a balance alleged to be due for goods Sold and delivered.
Martin S. Lynch for appellant.
George A. Strong for respondent.
[MAJORITY]
Order affirmed and judgment absolute ordered against appellant on the stipulation, with costs in all courts; no opinion.
Concur: Cullen, Ch. J., Gray, Haight, Vann, Willard Bartlett, Hiscock and Chase, JJ.