Appellate Division of the Supreme Court of New York, 1912

National Fertilizer Co. v. Gunther

National Fertilizer Co. v. Gunther
Appellate Division of the Supreme Court of New York · Decided May 15, 1912
151 A.D. 893; 135 N.Y.S. 1129
National Fertilizer Co. v. Gunther

Opinion of the Court

Judgment affirmed, with costs. No opinion. Jenks, P. J., Thomas and Woodward, JJ., concurred; Burr, J., voted to reverse upon the ground that there is no evidence competent against the defendant Elizabeth Gunther of fraudu*894lent intent, and upon the further ground that the evidence as to the statements of John Gunther, made in the absence of the defendant Elizabeth Gunther, appearing at folios 93, 97, 101, 106 and 108, was incompetent, with whom Carr, J., concurred.

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