General
Monowatt Electric Import Co., Inc., Respondent, v. Herbert H. Howell, Appellant
207 A.D. 801·New York Supreme Court, Appellate Division·1923·NY
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Opinion
First Department,
October, 1923.
Monowatt Electric Import Co., Inc., Respondent, v. Herbert H. Howell, Appellant.
Appeal from a judgment of the Supreme Court in favor of the plaintiff, entered in the New York county clerk’s office April 26, 1922, upon the verdict of a jury, and also from an order entered on the same day denying a motion for a new trial made upon the minutes.
[MAJORITY — Per Curiam:]
Per Curiam:
The judgment and order appealed from should be reversed and a new trial ordered, with costs to appellant to abide the event, upon the ground that the verdict is against the weight of the evidence. We are also of the opinion that the memorandum of the bank accompanying the notice of protest was improperly admitted in evidence. Clarke, P. J., Smith and Martin, JJ., concur; Dowling and Finch, JJ., dissent. Judgment and order reversed and new trial ordered, with costs to appellant to abide the event.