General

Francis G. Hall, Appellant, v. William Erwin, Respondent

57 N.Y. 643·New York Commission of Appeals·1874·NY

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Opinion

Francis G. Hall, Appellant, v. William Erwin, Respondent. (Argued October 2, 1873; decided January term, 1874.) In this ease, the judgment of the trial court was for plaintiff. The General Term reversed the judgment, and directed final judgment for defendant. Held, that the case was not one wherein under no condition of facts could the plaintiff recover, and that the judgment of reversal should have granted a new trial, and judgment so modified. E. H. Benn for the appellant. R. King for the respondent. [MAJORITY — Lott, Ch. C., and Reynolds, C.,] Lott, Ch. C., and Reynolds, C., read for modification of. judgment, so as to grant a new trial. All concur; Gray, C., not sitting. Judgment accordingly.