Appellate Division of the Supreme Court of New York, 1916

Seneca Distributing Co. v. Fulton

Seneca Distributing Co. v. Fulton
Appellate Division of the Supreme Court of New York · Decided October 15, 1916
175 A.D. 902
Seneca Distributing Co. v. Fulton

Opinion of the Court

Judgment reversed and new trial granted, costs to abide the event, upon the ground that the finding that Fulton, in procuring his wife to execute the instrument in suit, acted as the agent of the plaintiff, is against the evidence; and that the finding that the wife did not understand the essential nature and effect of the instrument when she executed it is against the greater weight of the evidence. Jenks, P. J., Carr, Stapleton, Mills and Rich, JJ., concurred.

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