129 N.Y.S. 228 | N.Y. App. Div. | 1911
Appeal from an order denying plaintiff’s motion for judgment upon the pleadings. The plaintiff obtained a judgment against one Jacob Fromme, who; feeling aggrieved thereby, appealed to this court. To stay execution the defendant gave an undertaking in the usual form for the payment of plaintiff’s costs upon appeal, and for the payment of the judgment appealed from, in case it should be affirmed or the appeal dismissed. The judgment was affirmed.
The order appealed from should be reversed, with ten dollars costs and disbursements, and motion for judgment granted, with ten dollar's costs. . - ■
Ingraham, P. J., McLaughlin, Miller, and Dowling, JJ., concurred."
■ Motion to dismiss appeal denied, with ten dollars -costs.Order reversed, with ten dollars costs and disbursements, and motion granted, with ten dollars costs.
See Allen v. Fromme (141 App. Div. 362).— [Rep.