Herzell v. Smith

238 A.D. 791 Court N.Y. App. Div. English

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p. 791

Austin Herzell, Appellant, v. “Alfred ” Tyler Smith (the Name “Alfred ” Being Fictitious, Defendant’s First Name Being Unknown to Plaintiff), Respondent.

Judgment affirmed, with costs. No opinion. Lazansky, P. J., Kapper and Carswell, JJ., concur; Seudder and Davis, JJ., dissent on the ground that there was an issue of fact which should have been submitted to the jury.