Bignall v. Harris — 10 N.Y. Sup. Ct. 554

Majority

p. 554

JEROME P. BIGNALL, Appellant, v. ARNOLD M. HARRIS and ERWIN L. HARRIS, Respondents.

Headnote

Appeal from a judgment for defendant, entered on the report of a referee.

The action was brought upon two promissory notes, and the defense was interposed, that the notes were given upon a settlement

p. 555

between the parties for services rendered by the plaintiff and by mistake were given for $400 too much. The referee found for the defendant. The court, after a review of - the evidence, was of opinion that the evidence did not justify the finding, and reversed the judgment.

I). O'Brien, for the appellant.

Winn di Porter, for the respondents.

Opinion by Smith, J.

Present — Mttllin, P. J., Smith and Gilbert, JJ.

Judgment reversed, the order of reference vacated, and a new trial granted; costs to abide -event.