Poughkeepsie Trust Co. v. Abeel — 212 A.D. 834

Majority

p. 834

Poughkeepsie Trust Company, Respondent, v. Fred Abeel, as Administrator, etc., of Howard H. Abeel, Deceased, Appellant.

Judgment reversed upon the law and the facts, and a new trial granted, with costs to the appellant to abide the event. We think a new trial should be had rather than a dismissal of the complaint, for the reason that upon such new trial the facts may be more fully developed as to notice or lack of notice. Kelly, P. J., Rich, Manning, Young and Kapper, JJ., concur.