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Cameron v. Whitaker

117 N.Y.S. 1130 Court N.Y. App. Term Decision date 1909-06-25 English

Decision Majority — PER CURIAM. · Dissent — MacLEAN, J.

Contents
p. 1130
CAMERON v. WHITAKER.
(Supreme Court, Appellate Term.
June 25, 1909.)

Headnote

Appeal from City Court of New York, Trial Term. Action by Philip Cameron against Frederick W. Whitaker. Judgment for plaintiff, and defendant appeals.
Judgment affirmed.
Henry Best, for appellant.
Milton M. Leichter and Hyman Turehm, for respondent.

Judgment affirmed, with costs.

I dissent, on the ground that the conduct and the language of the plaintiff, as uncontradictedly testified by five witnesses, numerous others being present in court, but not Called, on the suggestion of the learned trial justice that their testimony would be cumulative, amply justified the plaintiff’s discharge.