Appellate Division of the Supreme Court of New York, 1940

Cady v. Bank of Manlius

Cady v. Bank of Manlius
Appellate Division of the Supreme Court of New York · Decided November 8, 1940
260 A.D. 986; 24 N.Y.S.2d 160; 1940 N.Y. App. Div. LEXIS 5696
Cady v. Bank of Manlius

Opinion of the Court

Judgment and order affirmed, with costs. All concur, except Dowling, J., who dissents and votes for reversal on the law and facts and for granting a new trial on the grounds that the verdict is contrary to and against the weight of the evidence and that the summation of counsel for the plaintiff was prejudicial. (See Cattano v. Metropolitan Street Railway Co., 173 N. Y. 565, 571.) (The judgment is for plaintiff in ah action in conversion. The order denies a motion for a new trial.) Present — Crosby, P. J., Cunningham, Dowling and Harris, JJ.

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