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Torrey v. Waters

28 N.Y.S. 1116 Court N.Y. Gen. Term Decision date 1894-05-14 English

Delivered by DYKMAN, J.

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p. 1116
TORREY, Appellant, v. WATERS et al., Respondents.
(Supreme Court, General Term, Second Department.
May 14, 1894.)

Headnote

Appeal from circuit court, Kings county.
Action by David M. Torrey against Francis A. Waters and others.
Howard A. Sperry (Henry Cooper, of counsel), for appellant.
D. M. De Witt, for respondents.

This is an appeal from an order granting a new trial upon, the minutes of the court after the rendition of the verdict. The question involved was before this general term on an appeal from an order of the special term vacating an order of arrest. We then decided that the defendants perpetrated no fraud, and that decision justified the order appealed from now. Torrey v. Waters, 69 Hun, 614 , 23 N. Y. Supp. 1145 . The order-should be affirmed, with costs.