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Wolf v. Gross

63 N.Y.S. 1118 Court N.Y. App. Term Decision date 1900-03-09 English

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p. 1118
WOLF, Appellant, v. GROSS, Respondent.
(Supreme Court, Appellate Term.
March 9, 1900.)

Headnote

Action by Lena Wolf against Max Gross. From a judgment for defendant, plaintiff appeals. Reversed. Meyers, Goldsmith & Brow-er, for appellant. Leon Sanders, for respondent.

Because the plaintiff was not allowed to testify that she purchased the whisky in question, and the witness Prince was not allowed to testify that the barrel in question was the barrel he sold to plaintiff, the judgment is reversed, and a new trial ordered in the municipal court in the district in which the action was brought, with costs to appellant to abide the event.