Appellate Division of the Supreme Court of New York, 1929

Carner Bros. v. Steinberg

Carner Bros. v. Steinberg
Appellate Division of the Supreme Court of New York · Decided April 15, 1929
226 A.D. 764
Carner Bros. v. Steinberg

Opinion of the Court

Judgment modified by dismissing the complaint in so far as plaintiff Jacob Gamer is concerned, and by increasing the money damages awarded plaintiff Garner Brothers, Inc., by the sum of $5,240, the amount of damages awarded plaintiff Jacob Garner, with interest. As so modified the judgment is unanimously affirmed, without costs. It affirmatively appears that the contract made by plaintiff Jacob Garner with defendant Julius Steinberg was assigned by Jacob Garner to Garner Brothers, Inc. Findings of fact and conclusions of law inconsistent herewith are reversed and new findings and conclusions will be made. Present • — ■ Kapper, Rich, Hagarty, Carswell and Scudder, JJ. Settle order on notice.

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