Hyperlawhypertext legal database State Bank of Mayville v. Howard 131 N.Y.S. 1145

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State Bank of Mayville v. Howard

131 N.Y.S. 1145 Court N.Y. App. Div. Decision date 1911-11-29 English

Contents

Majority

p. 1145
STATE BANK OF MAYVILLE, Respondent, v. HOWARD, Appellant, et al.
(Supreme Court, Appellate Division, Fourth Department.
November 29, 1911.)

Headnote

Action by the State Bank of Mayville against Edward T. Howard, impleaded with another.

Judgment reversed, and new trial granted, with costs to appellant to abide event. Held, that the judge, upon the record, struck out all the evidence of the witnesses, which was error. Some of the evidence given by Jennings was clearly competent, and should have been allowed to stand.