Allen v. Armsted

156 N.Y.S. 1113 Court N.Y. App. Div. Decision date 1916-01-22 English

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Majority

p. 1113

Harry L. ALLEN, as receiver, etc., appelant, v. Charles A. ARMSTED, respondent.

(Supreme Court, Appellate Division. Fourth Department.

January 22, 1916.)

Judgment reversed and new trial granted, with costs to ippellant to abide event. Held: That the non-suit was improperly granted, and while the verdict of the jury was taken and might be reinstated, we arc of the opinion that under the ñrcumstances a new trial should be granted. 411 concur.