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Burton v. W. Burton & Co.

153 N.Y.S. 1108 Court N.Y. App. Div. Decision date 1915-05-21 Docket No. 7319 English

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p. 1108
BURTON v. W. BURTON & CO. et al.
(No. 7319.)
(Supreme Court, Appellate Division, First Department.
May 21, 1915.)

Headnote

Appeal from Trial Term, New York County. Action by Lillian A. B’.urton against W. Burton & Co. and others. From judgment entered upon the verdict of a jury, and iron an order denying a motion for a new trial, defendants appeal.
Judgment and order reversed, and new trial granted.
See, also, 152 N. Y. Supp. 1149 .
James Dempsey, of Peek.skiB, for appellants.
George H. Corey, of New York City, for respondent.

We think that the finding of tbe j¡íry that there was a delivery of this stock by the defendant Burton to the plaintiff was acainst the weight of evidence. The judgment and order are therefore reversed, and a new ttfirJ ordered, with costs to appellants to abide event. Order filed.

LAUGHLIN and SCOTT, JJ., dissent, and vote for affirmance.