Clark v. Lude — 20 N.Y.S. 985

Majority

p. 985

Clark, Appellant, v. Lude, Respondent.

(Supreme Court, General Term, Third Department.

November 22, 1892.)

Headnote

Action by Eugene S. Clark against Charles W. Lude for the price of goods sold.

For former report, see 18 N. Y. Supp. 271 .

Argued before Mayham, P. J., and Putnam and Herrick, JJ.

Thomas F. Wilkinson, for appellant. J. W. Ecker, for respondent.

In this case the respondent did not appear on the argument or present any points. I think the order of the county judge granting a new trial should be reversed, with costs, and that no opinion is required. See Morss v. Sherrill, 63 Barb. 21 ; Cheney v. Railroad Co., 16 Hun, 415 . All concur.

Cases cited

Morss v. Sherrill 63 Barb. 21 N.Y. Sup. Ct. 1871-04-04 p. 985