Humbert v. Curtis
193 A.D. 971
N.Y. App. Div.
1920
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Judgment and order reversed and new trial granted, with costs to appellant to abide event. Held, it was reversible error for plaintiff’s counsel to state, upon the return of the jury into ourt for instruction, and in answer to the inquiry by the jury, what would become of the horse, “ I will stipulate upon the record that this horse will be returned to the defendant.” All concur, Clark, J., not sitting.