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Catarouozzolo v. Sito

117 N.Y.S. 1130 Court N.Y. App. Div. Decision date 1909-06-04 English

Contents

Majority

p. 1130
CATAROUOZZOLO v. SITO et al.
(Supreme Court, Appellate Division, Second Department.
June 4, 1909.)

Headnote

Action by Felice Catarouozzolo against Gennaro Sito and another.

Judgment of the Municipal Court reversed, and new trial ordered, costs to abide the event, on the ground that the evidence of the declaration of Sito, four months after-wards, to the plaintiff, that he did not remit the money, was allowed against the surety, and without such evidence judgment could not be rendered.