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Polson Mfg. Co. v. Buffalo Kissel Kar Co.

Appellate Division of the Supreme Court of New York, Fourth Department
Mar 1, 1913
155 App. Div. 940 (N.Y. App. Div. 1913)

Opinion

March, 1913.


Judgment and order of Special Term and judgment of City Court reversed and a new trial granted in the City Court, with costs to appellant to abide event. New trial to be had in the City Court on the 19th day of March, 1913, at ten A.M. Held, that the issue as to the automobile body not having been decided by the judge of the City Court, and the facts being in dispute, it was error for the Special Term to determine that issue and modify the judgment. The judgment of the City Court should have been reversed and a new trial granted. (See Duclos v. Kelley, 197 N.Y. 76; Farrell v. Farrell, 205 id. 450; Putnam v. Lincoln Safe Deposit Co., 191 id. 166.) All concurred.


Summaries of

Polson Mfg. Co. v. Buffalo Kissel Kar Co.

Appellate Division of the Supreme Court of New York, Fourth Department
Mar 1, 1913
155 App. Div. 940 (N.Y. App. Div. 1913)
Case details for

Polson Mfg. Co. v. Buffalo Kissel Kar Co.

Case Details

Full title:Polson Manufacturing Company, Respondent, v. Buffalo Kissel Kar Company…

Court:Appellate Division of the Supreme Court of New York, Fourth Department

Date published: Mar 1, 1913

Citations

155 App. Div. 940 (N.Y. App. Div. 1913)
140 N.Y.S. 1140