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Per Curiam. It appears by the testimony that the plaintiff’s assignor fulfilled all his obligations under the written contract, while the defendant defaulted under his obligation to dispose of the $500 of stock for the personal benefit of the plaintiff’s assignor. It is difficult to imagine how the learned court below could have reached a different conclusion.
Present: Scott, P. J., Beach and Fitzgerald, JJ.
Judgment affirmed, with costs.
Document Info
Citation Numbers: 35 Misc. 830, 72 N.Y.S. 1117
Filed Date: 6/15/1901
Precedential Status: Precedential
Modified Date: 1/13/2023