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24 Misc. 769

Miller v. Stern

City of New York Municipal Court

Decided August 15, 1898

City of New York Municipal Court · decided 1898-08-15

<p>Appeal from a judgment entered in favor of the defendant, on a verdict rendered by the jury.</p>

Decided 1898-08-15

Schuchman, J.

¶1In this case we see no reason to doubt that the jury have not done substantial justice between the parties, and if the remark of the trial justice was prejudicial, it was cured by his charge, which left the matter in difference very fairly to the jury.

¶2The evidence as to what the defendant paid in supplying the defect of the goods was not prejudicial, for the jury made no allowance therefor in their verdict.

¶3Judgment and order appealed from affirmed, with costs.

¶4Olcott, J., concurs.

¶5Judgment and order affirmed, with costs.

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