¶1 reads opinion granting leave to appellant to withdraw his appeal and go to a new trial before a jury, costs to abide event, the court being divided on the questions! of fact.
¶2 All concur, except Dahforth, J., not voting.
¶3 Ordered accordingly.
78 N.Y. 613
Parsons v. . Brown
Decided October 14, 1879
New York Court of Appeals · decided 1879-10-14
This was an action upon a promissory note, alleged to have been indorsed by defendant Brown, who alone appeared and answered. (Mem. of decision below, 5 Him, 112.) The name of Brown was indorsed upon the note by one Lyon, and one of the principal questions litigated was as to Lyon’s authority. The referee found certain facts from which he in effect held that Brown was estopped from questioning the authority of Lyon.
Decided 1879-10-14