Appellate Division of the Supreme Court of New York, 1923

Rosenthal v. Geraghty

Rosenthal v. Geraghty
Appellate Division of the Supreme Court of New York · Decided May 15, 1923
206 A.D. 722
Rosenthal v. Geraghty

Opinion of the Court

Per Curiam:

The ear sold in September, 1920, was model forty-six for the year 1921. Proof of a drop of price in model forty-six for the year 1922 was not proof of a decrease in price of the article sold. The defendant was, therefore, entitled to a directed verdict. As the jury found only such a verdict as should have been directed, the unnecessary and improper remarks made by defendant’s counsel were harmless. Judgment and order unanimously affirmed, with costs.

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