Kitz v. Cook

66 N.Y. St. Rep. 869 Court N.Y. Sup. Ct. English

Contents

Majority

p. 869

Matilda Kitz, Resp’t, v. Christian Cook, App’lt.

Sup. Ct., 4D.,

November, 1894.

No opinion. Judgment reversed on the law and facts, and a new trial

p. 870

ordered, with costs to abide the event, and the preliminary injunction order set aside. Held, (1) a case for equitable relief was not made out; (2) the award of damages was not sustained by the evidence.