Appellate Division of the Supreme Court of New York, 1912

Storandt v. Vogel & Binder Co.

Storandt v. Vogel & Binder Co.
Appellate Division of the Supreme Court of New York · Decided February 15, 1912
149 A.D. 928; 133 N.Y.S. 1145
Storandt v. Vogel & Binder Co.

Opinion of the Court

Judgment and order reversed and new trial granted, with costs to appellant to abide event. Held, that it was error for the trial court to hold that the statement of defendant’s counsel in summing up to the jury, that plaintiff ‘ ‘ went into bankruptcy and beat his creditors out of $15,000, ” was proper and that the jury might consider it as having a bearing upon plaintiff’s credibility as a witness. All concurred, except McLennan, P. J., and Robson, J., who dissented.

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