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Silber v. Ericson

84 N.Y.S. 1145 Court N.Y. App. Term Decision date 1903-11-06 English

Delivered by BLANCHARD, J.

Contents

Majority

p. 1145
SILBER, Respondent v. ERICSON, Appellant.
(Supreme Court, Appellate Term.
November 6, 1903.)

Headnote

Action by Mendle Silber against Hjalmer Ericson. From a judgment for plaintiff, defendant, appeals. Reversed.
Frayer, White & Seaman, for appellant.
Jacoves & Mullen, for respondent.

As the action was not brought by the real party in interest, and the finding of the trial court is clearly against not only the weight of evidence, but the evidence, the judgment must be reversed, and a new trial ordered, with costs to appellant to abide the event. All concur.