Majority
p. 1121ALBORAK AUTO CO. v. SHUBERT. (Supreme Court, Appellate Term. May 16, 1907.)
Headnote
Appeal from Municipal Court, Borough of Manhattan, Tenth District, Action by the Alborak Auto Company against Jacob J. Shubert. From a judgment for plaintiff, defendant appeals.Reversed, and new trial ordered.
William Klein, for appellant.
John J. Canavan, for respondent.
There is not sufficient evidence in the case to connect the defendant with the transaction which gives rise to the alleged cause of action. The testimony is insufficient to sustain plaintiff’s case. Judgment reversed, and new trial ordered, with costs to appellant to abide the event.