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Schmeiser v. Schmeiser

130 N.Y.S. 1130 Court N.Y. App. Div. Decision date 1911-06-29 English

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p. 1130
SCHMEISER v. SCHMEISER et al.
(Supreme Court, Appellate Division, Second Department.
June 29, 1911.)

Headnote

Action 'by Wilhelmina Schmeiser against Charles Schmeiser and others.

Judgment reversed, and new trial granted, costs to abide the final award o-f costs, for error in admitting the testimony which appears at folios 155 and 156 of the printed record. We think that the weight of the evidence does not establish fraud, but it might be sufficient to justify a finding that the minds of the parties never met.