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Stables v. American Society for Prevention of Cruelty to Animals

142 N.Y.S. 1114 Court N.Y. App. Term Decision date 1913-06-24 English

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p. 1114
COSMOPOLITAN BOARDING & LIVERY STABLES v. AMERICAN SOCIETY FOR PREVENTION OF CRUELTY TO ANIMALS.
(Supreme Court, Appellate Term, First Department.
June 24, 1913.)

Headnote

Appeal from Municipal Court, Borough of Manhattan, Second District. Action by the Cosmopolitan Boarding & Livery Stables against the American Society for the Prevention of Cruelty to Animals. From a Municipal Court judgment in favor of plaintiff, defendant appeals. Reversed. J. Mayhew Wainwright, of New York City, for appellant. Israel M. Lerner, of New York City, for respondent.

Under the circumstances disclosed by the record, this judgment must be reversed, and a new trial ordered, with costs to appellant to abide the event, on the authority of Sahr v. Scholle, 89 Hun, 42 , 35 N. Y. Supp. 97 .