Twenty-third Ward Bank v. Brohmer — 174 A.D. 853

Majority

p. 853

Twenty-third Ward Bank of the City of New York, Appellant, v. Frederick A. Brohmer and Charles Brohmer, Copartners, etc., Respondents.

Headnote

Appeal from a judgment entered on the verdict of a jury, and also from an order denying a motion for a new trial.

The judgment and order appealed from are reversed and a new trial ordered, with costs to the appellant to abide the event, upon the ground that the verdict is against the evidence; and the finding that the bank had notice of the dissolution of the partnership is reversed. Present — Clarke, P. J., McLaughlin, Scott, Dowling and

p. 854

Davis, JJ.; Dowling, J., dissented and voted for affirmance. Judgment and order reversed and new trial ordered, with costs to appellant to abide event.