132 A.D. 723
Appellate Division of the Supreme Court of the State of New York
Decided June 11, 1909
Appellate Division of the Supreme Court of the State of New York · decided 1909-06-11
Appeal by the .plaintiff, John H. Freit, by David W. Rockmore, his guardian ad litem, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the cleric of the county of New York on the 1:9th day of October, 1908, upon the verdict of a jury, and also from an order entered in said clerk’s office on the 27th day of. October, 1908, denying the plaintiffs motion for a new trial made upon the minutes.
Decided 1909-06-11
¶1I concur with Mr. Justice Laughlin on the ground that the letter of October 7, 1903, was a written discharge which authorized the plaintiff to consider that the relations between himself and the defendant were terminated, and that the notice published in- the Racing Calendar was not a fair statement of the relations that existed between the plaintiff and defendant.
¶2Soott, J., concurred.
¶3Judgment and order reversed, new trial ordered, costs to appellant to abide event.