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Per Curiam. The proof offered of the written assignment was competent, bnt even without that proof there was sufficient evidence in the case of the assignment without regard to the written instrument, and it was for the alleged failure of this proof that the complaint was dismissed. This was error, Which requires that the judgment be reversed.
Present: Eitzsimons, Oh. J., Oonlan and O’Dwyeb, JJ.
Judgment reversed, and new trial ordered, with costs to appellant to abide event.
Document Info
Citation Numbers: 31 Misc. 807, 62 N.Y.S. 1136
Filed Date: 3/15/1900
Precedential Status: Precedential
Modified Date: 1/13/2023