Simon-Lichtenstein-Pachner Co. v. Starrells , 106 N.Y.S. 1088 ( 1907 )

PER CURIAM.

The trial justice rendered judgment in favor of plaintiff, though it proved no cause of action, and dismissed the counterclaim, which was clearly established. There must be a new trial.

Judgment reversed, and new trial ordered, with costs to appellant to abide the event.