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Abraham v. American Exchange National Bank

179 A.D. 918 Court First Department, English

Contents

Majority

p. 918
First Department,
July, 1917.
Owen E. Abraham, Assignee for the Benefit of Creditors of Charles E. Ball and Louis E. Whicher, Composing the Firm of Ball & Whicher, Appellant, v. American Exchange National Bank, Respondent.

Headnote

Appeal from a judgment of the Supreme Court, entered in the New York county clerk’s office June 27, 1916, dismissing the complaint after a trial at Trial Term.

Upon the ground that there was an issue of fact for the' jury as to whether Valentine was an agent of the firm of E. D. Shepard & Co., the judgment is reversed and a new trial ordered, with costs to appellant to abide the event. Present — Dowling, Smith, Page and Shearn, JJ. Judgment reversed and new trial ordered, with costs to appellant to abide event.