Elliott v. Niles

Judgment reversed and new trial granted, costs to abide the event, on the ground that the evidence does not warrant a finding that more than ten days were necessarily spent in the business of the reference, unless within twenty days plaintiff stipulate to reduce the recovery of damages to the sum of $200; in which event the judgment as modified is unanimously affirmed, without costs. Jenks, P. J., Burr, Carr, Rich and Stapleton, JJ., concurred.