Allen v. McWalters — 129 N.Y.S. 1111

Majority

p. 1111

ALLEN v. McWALTERS.

(Supreme Court, Appellate Term.

May 18, 1911.)

Headnote

Appeal from Municipal Court, Borough of Manhattan, Ninth District. Action by Mary H. A. Allen against James McWalters. From a judgment of the Municipal Court, dismissing the complaint, plaintiff appeals.

Reversed, and new trial ordered.

Howard Bayne, for appellant. Grenville T. Emmet, for respondent.

We think that it was error on the part of "the trial justice to exclude the testimony offered by the plaintiff, upon the trial, tending to show that the contract upon which the plaintiff’s cause of action rested, as set up in the complaint, was .made with the defendant and a duly authorized agent of the plaintiff, and for that reason there must be a new trial. Judgment reversed, and a new trial ordered, with costs to the appellant to abide the event.