Hyperlawhypertext legal database Herbert v. Humphreys 117 N.Y.S. 1136

← Cases

Herbert v. Humphreys

117 N.Y.S. 1136 Court N.Y. App. Term Decision date 1909-06-25 English

Contents

Majority

p. 1136
HERBERT v. HUMPHREYS et al.
(Supreme Court, Appellate Term.
June 25, 1909.)

Headnote

Appeal from Municipal Court, Borough of Manhattan, Third District. Action by George W. Herbert against Harriet Humphreys and another. From a judgment dismissing the complaint, and awarding to defendant Harriet Humphreys the possession of the chattels replevined, or their alleged value, plaintiff appeals.
Reversed, and new trial ordered.
Herman W. Booth, for appellant.
Hugart F. Norman, for respondent.

This case was so carelessly tried by counsel for both sides, the evidence is so unsatisfactory, and the judgment rendered is so clearly without support in the evidence, that justice requires that a new trial be ordered. Judgment reversed, and new trial ordered, with costs to appellant to abide the event.