Friedrich v. Martin

Habéis, J.

(dissenting). The defendants, as administrators with the will annexed of Oliver Costich, deceased, appeal from a judgment obtained and entered in Monroe county on March 30, 1942, such judgment being based on a verdict in favor of the plaintiff'against such administrators in the amount of $10,596.79, including interest with costs. The action is one in contract. The other defendant, Roach-Thompson Co., Inc., had a direction at the end of the plaintiff’s case in its favor for dismissal of the complaint against the corporate defendant, on the merits. When the case went to the jury,…