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Dojahn v. Schomaker

103 N.Y.S. 1123 Court N.Y. App. Div. Decision date 1907-04-26 English

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p. 1123
DOJAHN, Respondent, v. SCHOMAKER, Appellant.
(Supreme Court, Appellate Division, Second Department.
April 26, 1907.)

Headnote

Action by Frank Dojahn against Herman Schomaker.

No opinion. Counsel fór the respondent concedes in his brief that testimony which seems vital to support the judgment is not included in the minutes. Under these circumstances, and in view of the history of this case, we deem it best to reverse the judgment. Judgment of the Municipal Court reversed, without costs, and new trial ordered.