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31 Misc. 774

Rosenstein v. Cohn

Appellate Terms of the Supreme Court of New York · decided 1900-05-15

<p>Appeal from a judgment of the Municipal Court of the city of New York, eleventh district, borough of Manhattan.</p>

Decided 1900-05-15

Per Curiam.

¶1The complaint, originally for goods sold and delivered, was amended at the trial so as to be for damages through breach of contract.

¶2There was no evidence of delivery, and none of any damage.

¶3The judgment must, therefore, be reversed and a new trial granted, with costs to the appellant to abide the event.

¶4Present: Teuax, P. J., Scott and Dugbo, JJ.

¶5Judgment reversed, and new trial granted, with costs to appellant to abide event.

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