Mockler v. Morse

267 A.D. 1038 Court N.Y. App. Div. Decision date 1944-05-10 English

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p. 1038

Thomas Mockler, Respondent, v. William H. Morse, Appellant.

Judgment reversed on the facts and a new trial granted, with costs to the appellant to abide the event, on the ground that the verdict is against the weight of the evidence. All concur, except Larkin, J., not voting. (The judgment is for plaintiff in an action for damages for breach of an alleged warranty on the sale of a cow.) Present — Cunningham, P. J., Taylor, Dowling, MeCurn and Larkin, JJ.