International Acceptance Bank, Inc. v. Reith
222 A.D. 653 | N.Y. App. Div. | 1927
Lead Opinion
Order affirmed, with ten dollars costs and disbursements. No opinion. Present — Dowling, P. J., Merrell, Finch, McAvoy and O’Malley, JJ.; Finch, J., dissents.
Dissenting Opinion
(dissenting). I dissent and vote to reverse the order appealed from and grant the motion, upon the ground that no custom or usage can control an established rule of law. As directly applicable to the case at bar, see Bigelow v. Legg (102 N. Y. 652). (See, also, Gravenhorst v. Zimmerman, 236 N. Y. 22; Wheeler v. Newbould, 16 id. 392, and Higgins v. Moore, 34 id. 417.)