¶1We are of the opinion that the evidence does not establish that Goodier had authority to receive the payment of $100 and interest made upon the mortgage, but under the circumstances we think the judgment should not be modified by disallowing payment, hut that the case should be sent back for a new trial, as there may be other circumstances which may finally establish his authority. All concurred. Judgment reversed and new trial granted, with costs to appellant to abide event.
183 A.D. 915
Putnam v. Brown
Appellate Division of the Supreme Court of the State of New York
Decided March 15, 1918
Appellate Division of the Supreme Court of the State of New York · decided 1918-03-15
Decided 1918-03-15