Ebbinghousen v. Worth Club

4 Abb. N. Cas. 300 | New York Court of Common Pleas | 1878

C. P. Daly, Ch. J.,

with the concurrence of the associate judges, held that even if the facts in the case of Park v. Simmons were precisely like those presented in this case, that the general term of the common pleas would not concur with the doctrine laid down in that case; and thereupon ordered a reversal of the judgment and a new trial, costs to abide the event.