Gilbert v. Koffman

227 A.D. 643 | N.Y. App. Div. | 1929

Judgment affirmed, with costs. Van Kirk, P. J., Whitmyer and Hasbrouek, JJ., concur; Hinman and Davis, JJ., dissent and vote for reversal and a new trial on the ground that no question of fraud was asserted or submitted to the jury, and that the plaintiff at all times had in his possession a written agreement showing exactly the amount due and payable by him on the automobile.