Tuscano v. Astoria Cognac & Liquor Rectifying Co.

145 A.D. 945 Court N.Y. App. Div. English

Judges Jenks, P. J., Hirschberg, Burr, Woodward and Rich, JJ., concurred.

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p. 945

Moses Tuscano, Respondent, v. The Astoria Cognac and Liquor Rectifying Company, Appellant.

Judgment of the Municipal Court reversed and new trial ordered, costs to abide the event, on the ground that the plaintiff failed to establish a cause of action either for goods sold and delivered or upon an account stated.

Jenks, P. J., Hirschberg, Burr, Woodward and Rich, JJ., concurred.