MILLER v. MORSE


9 A.D.2d 188 (1959)

John J. Miller, Appellant, v. Robert Morse, Respondent Freida Miller, Appellant, v. Robert Morse, Respondent

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

November 13, 1959.


Attorney(s) appearing for the Case

Louis S. Cifarelli and Frank G. Pratt for appellants.

Carl J. Cochi and Frank J. Ryan for respondent.

All concur, BASTOW and GOLDMAN, JJ., in result. Present — McCURN, P. J., KIMBALL, BASTOW, GOLDMAN and HALPERN, JJ.


HALPERN, J.

This case was tried in an unusual manner, apparently in an effort to reach the underlying question of law as expeditiously as possible. After a jury had been impanelled, the parties stipulated some of the facts and the plaintiffs made an offer of additional proof and the parties submitted the case to the court for its decision "on matters of law". The court then decided that on the stipulated facts...

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