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Burton v. W. Burton & Co.

168 A.D. 938 Court N.Y. App. Div. English

Contents

Majority

p. 938
Lillian A. Burton, Respondent, v. W. Burton & Co. and Others, Appellants.

Headnote

Appeal from a judgment of the Supreme Court, entered in the New York county clerk’s office on the 3d day of December, 1914, upon the verdict of a jury, and from an order entered on the 34th day of December, 1914, .denying a motion for a new trial.

We think that the finding of the jury that there was a delivery of this stock by the defendant Burton to the ■ plaintiff was

p. 939
against the weight of evidence. The judgment and order are, therefore, reversed and a new trial ordered, with costs to appellants to abide event. Present — Ingraham, P. J., McLaughlin, Laughlin, Clarke and Scott, JJ.; Laughlin and Scott, JJ., dissented and voted for affirmance. Judgment and order reversed and new trial ordered, with costs to appellants to abide event.