Hyperlawhypertext legal database McGrath v. Rudolph Wurlitzer Co. 126 N.Y.S. 1137

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McGrath v. Rudolph Wurlitzer Co.

126 N.Y.S. 1137 Court N.Y. App. Div. Decision date 1911-01-05 English

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p. 1137
McGRATH et al. v. RUDOLPH WURLITZER CO.
(Supreme Court, Appellate Term.
¡January 5, 1911.)

Headnote

Appeal from Municipal ¡Court, Borough of Manhattan, Second District. Action by Thomas J. McGrath and another (against the Rudolph Wurlitzer Company. From 'a judgment in favor of plaintiffs, defendant appeals. Reversed.
Kramer & Bourke, for appellant.

It is impossible to see from 1 this"" record how the trial court arrived at the 'judgment rendered or what disposition was ¡made of the defendant’s counterclaim. It is also clear that improper evidence was admitted ,on the question of damages. The judgment must therefore be reversed, and a new- trial ordered, with costs to the appellant to abide the event.