Wilson v. Nevins

I dissent upon the ground that there is no evidence to justify a finding that the defendant had constituted his wife as his agent to make the purchases in question. Judgment modified as directed in opinion, and as modified affirmed, without costs. Settle order on notice.

The judgment should be modified upon respondent’s stipulation by deducting §553.30 from the amount recovered, and as modified the judgment and the order appealed from should be affirmed,- without costs. Present — Ingraham, P. J. (dissenting), McLaughlin, Laughlin, Scott and Dowling, JJ.