PEOPLE EX REL. McCULLOUGH v. SHERIFF OF KINGS COUNTY, 254 N.Y. 527 (1930)

173 N.E. 851

Court of Appeals of the State of New York.Argued May 8, 1930
Decided June 3, 1930

Appeal from the Supreme Court, Appellate Division, Second Department.

Page 528

Jacob J. Alexander, John T. Loughran and Edward J. Dowling
for appellant.

Francis P. Burns for respondent.

Order of the Appellate Division reversed and that of the Special Term affirmed, with costs in this court and in the Appellate Division on the authority of Townsend v. Whitney
(75 N.Y. 425).

Concur: CARDOZO, Ch. J., POUND, CRANE, KELLOGG, O’BRIEN and HUBBS, JJ. Not sitting: LEHMAN, J.