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Gillett v. Whiting

21 N.Y.S. 1134 Court N.Y. Super. Ct. Decision date 1893-01-03 English

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p. 1134
GILLETT et al., Respondents, v. WHITING, Appellant.
(Superior Court of New York City, General Term.
January 3, 1893.)

Headnote

Action by Frank M. Gillett and another against William I. Whiting.
Argued before FREEDMAN and Me AD AM, JJ.
Wing, Shoudy & Putnam, for appellant.
Ira D. Warren, for respondents.

This case has been retried in strict conformity with the opinion of the court of appeals upon the former appeal reported in 120 N. Y. 402 , 24 N. E. Rep. 790 . There was sufficient evidence upon the "question of ratification to require the submission of the question to jury, and the record discloses no error in the admission or exclusion of evidence, or in the instructions given to or withheld from the jury. Nor can the verdict be held to be against the weight of the evidence. The judgment and order should be affirmed, with costs.

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