Hyperlawhypertext legal database Benjamin v. Erie Iron & Steel Co. 139 N.Y.S. 1116

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Benjamin v. Erie Iron & Steel Co.

139 N.Y.S. 1116 Court N.Y. App. Div. Decision date 1913-01-22 English

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Majority

p. 1116
BENJAMIN, Respondent, v. ERIE IRON & STEEL CO., Appellant.
(Supreme Court, Appellate Division, Fourth Department.
January 22, 1913.)

Headnote

Action by Gustave Benjamin against the Brie Iron & Steel Company.

Judgment and order reversed, and new trial granted, with- costs to appellant to abide event. Held, that the admission of evidence of the characterization of the quality of the pig iron to and by the secretary of the defendant corporation prior to the purchase was error, and that the verdict of the jury is contrary to and against the weight of the evidence.