Wells v. Day

138 N.Y.S. 1148 Court N.Y. App. Div. Decision date 1912-12-30 English

Contents

Majority

p. 1148

WELLS, Respondent, v. DAY, Appellant.

(Supreme Court, Appellate Division, Second Department.

December 30, 1912.)

Headnote

Action by Frank M. Wells against George K. Day.

Judgment and order of the County Court of Kings County reversed, and new trial ordered, costs to abide the event, on the ground that a question of fact was presented, which should have been submitted to the jury.