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Kochman v. Chase

56 N.Y.S. 1110 Court N.Y. App. Div. Decision date 1899-03-17 English

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p. 1110
KOCHMAN, Appellant, v. CHASE et al., Respondents.
(Supreme Court, Appellate Division, Third Department.
March 17, 1899.)

Headnote

Action between Lewis Kochman and Isaac W. Chase and John L. Chase. Judgment for defendants, and plaintiff appeals. Reversed. Sullivan & Burke (H. V. Burke, of counsel), for appellant. L. A. Serviss (L. F. Fish, of counsel), for respondents.

We can see no substantial difference in the facts now appearing from what appeared when the case was last before us. We then held that such facts required the submission of the case to the jury (see 32 App. Div. 630 , 52 N. Y. Supp. 740 ), and we have not changed our views since; and, for the reasons there given, we again reverse the judgment and order a new trial.