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Savage v. O'Brien

Appellate Division of the Supreme Court of New York, Second Department
Jan 1, 1927
219 App. Div. 740 (N.Y. App. Div. 1927)

Opinion

January, 1927.


Judgment reversed upon the law and the facts and new trial granted, costs to appellant to abide the event. Finding of fact nineteenth, holding contrary to the statement with reference thereto in the trial court's opinion, is against the weight of the evidence. If Kerwin offered to deliver to defendant the contracts, with plaintiff's signature attached, on the evening of January twenty-seventh, defendant would be bound by the contract despite the instructions to Russell as to time, and the fact that Russell permitted others to obtain plaintiff's signature. Kelly, P.J., Manning, Young and Lazansky, JJ., concur; Kapper, J., dissents.


Summaries of

Savage v. O'Brien

Appellate Division of the Supreme Court of New York, Second Department
Jan 1, 1927
219 App. Div. 740 (N.Y. App. Div. 1927)
Case details for

Savage v. O'Brien

Case Details

Full title:GERTRUDE SAVAGE, Appellant, v. JENNIE M. O'BRIEN, Respondent

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

Date published: Jan 1, 1927

Citations

219 App. Div. 740 (N.Y. App. Div. 1927)