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McCreery v. Harral Soap Co.

144 A.D. 916 Court N.Y. App. Div. English

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p. 916
William A. McCreery, Appellant, v. The Harral Soap Company, Respondent.

The plaintiff’s right to recover on the facts is clearly limited to the sum of seven dollars and twenty-three cents. That fact was conceded but overlooked on the. first argument. As no power exists to correct the judgment in that regard, the judgment is reversed on reargument, without costs, and a new trial ordered. Jenks, P. J., Hirschberg, Burr, Thomas and Carr, JJ., concurred.