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Ellenbogen v. S. C. Beckwith Special Agency

94 N.Y.S. 1145 Court N.Y. App. Term Decision date 1905-06-22 English

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p. 1145
ELLENBOGEN, Respondent, v. S. C. BECKWITH SPECIAL AGENCY et al., Appellants.
(Supreme Court, Appellate Term.
June 22, 1905.)

Headnote

Appeal from Municipal Court, Borough of Manhattan, Second District. Action by Samuel K. Ellenbogen against the S. C. Beckwith Special Agency and others. From a judgment for plaintiff, defendants appeal.
Reversed in part.
Frank A. Hutson, for appellants.
Abraham A. Joseph, for respondent.

The execution of the undertaking by the S. C. Beckwith Special Agency was not properly proven, and the judgment as against that defendant must be reversed, and a new trial granted, with costs to abide the event. There was legal proof of execution by the sureties, and the judgment against them must be affirmed, with costs.