Doonan v. Killilea

The parties hereto having stipulated in open court that this case may be disposed of by a court of four, the decision is as follows: Judgment (87 Misc. Rep. 427, 149 N. Y. Supp. 832) affirmed, with costs, on authority of De Peyster v. Murphy, 66 N. Y. 622. We do not understand that tins case has been expressly overruled or limited by Real Estate Corporation v. Harper, 174 N. Y. 123, 66 N. E. 660. See, also, 166 App. Div. 937, 151 N. Y. Supp. 1113.

THOMAS, J., not voting.