Rogowski v. Brill — 132 N.Y.S. 1144

Majority

p. 1144

ROGOWSKI v. BRILL.

(Supreme Court, Appellate Term.

January 5, 1912.)

Headnote

Appeal from Municipal Court, Borough of Manhattan, Sixth District. Action by Henry Rogowski against Max Brill. From a judgment of the Municipal Court of the City of New York, entered in favor of the plaintiff, defendant appeals. Reversed, and new trial ordered. See, also, 132 N. Y. Supp. 370 . S. C. Sugarman, for appellant. Swan, Beardsley & Moore, for respondent.

The evidence adduced by the plaintiff is insufficient to overcome the objections sustained by this court in the case of Rogowski v. Brill, 131 N. Y. Supp. 589 (October Appellate Term, 1911). Upon a new trial, the parties may present the issue involved in a manner that will enable the court to determine the circumstances under which the notes were indorsed by the defendant. Judgment reversed, and a new trial ordered, with costs to the appellant to abide the event.