Knowlton v. Gerken

250 A.D. 819 | N.Y. App. Div. | 1937

Judgment affirmed, with costs. All concur, except Sears, P. J., and Edgeomb, J., who dissent and vote for reversal on the facts and for granting a new trial on the ground that improper conduct on the part of the presentation of the defense prejudiced the rights of the plaintiff. (The resettled judgment is for defendant in an action upon a promissory note.) Present — Sears, P. J., Edgeomb, Thompson, Crosby and Lewis, JJ.