Opinion
May 8, 1924.
Philip C. Samuels ( Philip C. Samuels and Max Lazarus, of counsel), for the appellants.
Abraham B. Keve, for the respondent.
In an action instituted by a firm of stockbrokers to recover against its customer the price of certain stock purchased on his behalf, the defendant's counsel in his summation to the jury said: "There is many a man sitting on the benches in the park because he lost his money down in Wall street." This remark was unwarranted and grossly prejudicial to plaintiffs' rights, and demands a reversal of the judgment and a new trial.
Judgment reversed and a new trial ordered, with thirty dollars costs to appellants to abide the event.
WAGNER and WASSERVOGEL, JJ., concur; GUY, J., dissents.
Judgment reversed.