DE SAYVE v. DA LA VALDENE


279 A.D. 784 (1952)

Humbert de Sayve, Respondent, v. Jean de G. de la Valdene, Appellant

Appellate Division of the Supreme Court of the State of New York, First Department.

January 29, 1952.


The court should have given an instruction in line with defendant's request to charge No. 3, and the failure to charge appropriately under the circumstances is reversible error. A question of fact was presented in this connection which should have been clearly defined for the jury's consideration. As to the question of law involved and other questions of French Law which are raised, attention of counsel is called to section 344-a of the Civil Practice Act, particularly paragraph...

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