Appellate Terms of the Supreme Court of New York, 1911

Allen v. McWalters

Allen v. McWalters
Appellate Terms of the Supreme Court of New York · Decided May 18, 1911
129 N.Y.S. 1111 (New York Supplement)

Counsel

Howard Bayne, for appellant. Grenville T. Emmet, for respondent.

Allen v. McWalters

Opinion of the Court

PER CURIAM.

We think that it was error on the part of "the trial justice to exclude the testimony offered by the plaintiff, upon the trial, tending to show that the contract upon which the plaintiff’s cause of action rested, as set up in the complaint, was .made with the defendant and a duly authorized agent of the plaintiff, and for that reason there must be a new trial. Judgment reversed, and a new trial ordered, with costs to the appellant to abide the event.

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