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Curtin v. Wheelehan

128 N.Y.S. 1119 Court N.Y. App. Term Decision date 1911-05-04 English

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p. 1119
CURTIN v. WHEELEHAN.
(Supreme Court, Appellate Term.
May 4, 1911.)

Headnote

Appeal from Municipal Court, Borough of Manhattan, Fifth District. Action by Daniel Curtin against Matthew J. Wheelehan. Judgment for plain
p. 1120
tiff, and defendant appeals. Reversed, and new trial ordered.
Henry L. Franklin and Matthew J. Wheelehan, for appellant.
Gilbert Ray Hawes, for respondent.

After a careful considera_ tion of the testimony, we are of the opinion that it was error to exclude the letter; and, if such letter had been admitted, a question of fact would have been presented for the determination of the jury. Judgment reversed, and a new trial ordered, with costs to the appellant to abide the event.