Cataruozzolo v. Sito ( 1909 )

Judgment of the Municipal Court reversed and new trial ordered, costs to abide the event, on the ground that the evidence of the-declaration of Sito four months afterwards to the plaintiff that he did not remit the money, was allowed against the surety, and without such evidence judgment could not be rendered. Woodward, Jenks, Gaynor, Burr and Miller, JJ., concurred.