General

Norbeth Pfeffer, Respondent, v. Philip Kling et al., Appellants

170 N.Y. 614·New York Court of Appeals·1902·NY

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Opinion

Norbeth Pfeffer, Respondent, v. Philip Kling et al., Appellants. Pfeffer v. Klin'j, 58 App. Div. 179, appeal withdrawn. (Argued March 24, 1902; decided April 1, 1902.) Motion by Thomas D. Husted, as receiver, one of the appellants herein, to withdraw, so far as he is concerned, an appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered February 23, 1901, modifying and affirming as modified a judgment in favor of plaintiff entered upon a verdict directed by the court. The motion was made upon the ground that the appeal was unauthorized and taken without his knowledge or consent. Thomas D. Husted, in person, for motion. Olarence L. Barber opposed. [MAJORITY] Motion granted upon payment to plaintiff of costs that have accrued to the present time.