General

Moses Tuscano, Respondent, v. The Astoria Cognac and Liquor Rectifying Company, Appellant

145 A.D. 945·New York Supreme Court, Appellate Division·1911·NY

Jenks, P. J., Hirschberg, Burr, Woodward and Rich, JJ., concurred.

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Opinion

Moses Tuscano, Respondent, v. The Astoria Cognac and Liquor Rectifying Company, Appellant. [MAJORITY] Judgment of the Municipal Court reversed and new trial ordered, costs to abide the event, on the ground that the plaintiff failed to establish a cause of action either for goods sold and delivered or upon an account stated. Jenks, P. J., Hirschberg, Burr, Woodward and Rich, JJ., concurred.