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Gastner v. Duryea

67 N.Y. St. Rep. 771 Court N.Y. Gen. Term Decision date 1895-05-17 English

Decision Majority — Per Curiam. · Dissent — Follett, J.

Contents
p. 771
Samuel W. Gastner et al., Resp’ts, v. John Duryea, App'lt.
(Supreme Court, General Term, First Department,
Filed May 17, 1895.)

Headnote

Appeal from a judgment, entered on a verdict in favor of plaintiffs, and from an order denying a motion for a new trial.
Reuben L. Maynard, for app’lt; W. P. Knapp, for resp’ts.

For the reasons stated in the opinion in Herbert v. Duryea (herewith handed down) 67 St. Rep.-, the judgment should be reversed, and a new trial ordered, with costs to appellant to abide the event.

dissenting, on same grounds as in Herbert v. Duryea, supra.