National Fertilizer Co. v. Gunther — 135 N.Y.S. 1129

Majority

p. 1129

NATIONAL FERTILIZER CO., Respondent, v. GUNTHER. Appellant, et al.

(Supreme Court, Appellate Division, Second Department.

May 29, 1912.)

Headnote

Action by the National Fertilizer Company against Elizabeth Gunther and another.

Judgment affirmed, with costs.

votes to reverse, upon the ground that there is no evidence competent against the defendant Elizabeth Gunther of fraudulent intent, and upon the further ground that the evidence as to the statements of John Gunther, made in the absence of the defendant Elizabeth Gunther, appearing at folios 93, 97, 101, 106, and 108, was incompetent.

CARR, J., concurs.