Allen v. Armsted

172 A.D. 941 Court N.Y. App. Div. English

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Majority

p. 941

Harry L. Allen, as Receiver, etc., of Emery A. Robinson, Appellant, v. Charles H. Armsted, Respondent.

Judgment reversed and new trial granted, with costs to appellant to abide event. Held, that the nonsuit was improperly granted, and while the verdict of the jury was taken and might be reinstated, we are of the opinion that under the circumstances a new trial should be granted. All concurred.