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Sissingh v. Bernhardt

55 N.Y.S. 1148 Court N.Y. App. Term Decision date 1899-01-23 English

Contents

Majority

p. 1148
SISSINGH, Respondent, v. BERNHARDT et al., Appellants.
(Supreme Court, Appellate Term.
January 23, 1899.)

Headnote

Action by Albert Sissingh against Biko. Bernhardt and others. Martin Paskusz, for appellants. Louis Levy, for respondent.

Counsel on both sides, in their briefs, which have been submitted to the court, refer to the proceedings in the attach'ment suit, and to the transfer to the plaintiff of the cause of action arising under the bond as being in evidence. The record, however, utterly fails to show that any such proof was offered or received, nor have any exhibits in that regard been transmitted to us. The record must; therefore, be sent back to the trial justice for a further return, and the case restored to the general calendar for argument.