Van Gorder v. Helmer — 101 N.Y.S. 1148

Majority

p. 1148

VAN GORDER, Respondent, v. HELMER, Appellant.

(Supreme Court, Appellate Division, Fourth ■ Department.

November 21, 1906.)

Headnote

Action by Greenleaf S. Van Gorder against Frederick D. Helmer, as, etc.

Judgment reversed, and new trial ordered, with costs to the appellant to abide event. Held, that the facts and circumstances disclosed by the evidence made the question of the genuineness of the note one of fact, which ought to have been submitted to the jury.

WILLIAMS, J., concurs in result only.