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Storandt v. Vogel & Linder Co.

133 N.Y.S. 1145 Court N.Y. App. Div. Decision date 1912-02-02 English

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p. 1145
STORANDT, Appellant, v. VOGEL & LINDER CO., Respondent.
(Supreme Court, Appellate Division, Fourth Department.
February 2, 1912.)

Headnote

Action by John W. Storandt against the Vogel & Linder Company.

Judgment and order reversed, and new trial granted, with costs to appellant to abide event. Held, that it was error for the trial court to hold that the statement of defendant’s counsel, in summing up to the jury, that “plaintiff went into bankruptcy and beat his creditors out of $15,000,” was proper, and that the jury might consider it as having a bearing upon plaintiff’s credibility as a witness. See, also, 140 App. Div. 671 , 125 N. Y. Supp. 568 .

MCLENNAN, P. j., and ROBSON, X, dissent.