Appellate Division of the Supreme Court of New York, 1923

Berube v. Castle

Berube v. Castle
Appellate Division of the Supreme Court of New York · Decided June 15, 1923
206 A.D. 776
Berube v. Castle

Opinion of the Court

Interlocutory judgment as against the defendant Albert E. Castle affirmed, with costs. And as against the defendant Marietta Castle reversed upon the law and the facts, with costs, and judgment directed in favor of said defendant upon the merits, without costs, upon the ground that there was no evidence connecting said defendant Marietta Castle with the false representations found to have been made by said defendant Albert E. Castle. Findings numbered “ Thirtieth,” “ Thirty-first,” “ Thirty-third ” and “ Thirty-fifth ” are modified by changing the word “ defendants ” to read “ defendant Albert E. Castle.” Conclusions of law numbered “ First,” “ Sixth,” “ Seventh ” and “ Ninth ” are modified by changing the word “ defendants ” to read “ defendant Albert E. Castle.” Defendants’ request to find the conclusion of law numbered “ Eighth ” is found. Kelly, P. J., Jaycox, Manning, Young and Kapper, JJ., concur.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.