Risley v. Eiswald

115 N.Y.S. 1142 Court N.Y. App. Div. Decision date 1909-03-17 English

Contents

Majority

p. 1142

RISLEY, Appellant, v. EISWALD, Respondent.

(Supreme Court, Appellate Division, Fourth Department.

March 17, 1909.)

Headnote

Action by Adelbert W. Risley against George H. Eiswald.

Judgment reversed, and new trial ordered, with costs to appellant to abide event. Held, that the evidence presented a question of fact for the jury as to the defendant’s fraud.

KRUSE and ROBSON, JJ., dissent.