Majority
p. 1133TUSCANO, Respondent, v. ASTORIA COGNAC & LIQUOR RECTIFYING CO., Appellant. (Supreme Court, Appellate Division, Second Department. June 29, 1911,)
Headnote
Action by Moses Tuscano against the Astoria Cognac & Liquor Rectifying Company.Judgment of the Municipal Court reversed, and new trial ordered, costs' to abide the event, on the ground that the plaintiff failed to establish a cause of action either for goods sold and delivered or upon an account stated.