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Judgment reversed and new trial granted, costs to abide the final award of - costs, for error in admitting the testimony which appears at folios 155 and 156 of the printed record. We think that the weight of the evidence does not establish fraud, but it might be sufficient to justify a finding that the minds of the parties never met.
Jenks, P. J., Thomas, Carr, Woodward and Rich, JJ., concurred.
Document Info
Citation Numbers: 145 A.D. 945, 130 N.Y.S. 1130
Judges: Carr, Jenks, Rich, Thomas, Woodward
Filed Date: 6/15/1911
Precedential Status: Precedential
Modified Date: 1/13/2023