Judgment unanimously reversed on the law and facts, without costs of this appeal to any party, and new trial granted.
Memorandum:
The sole cause of action submitted to the jury alleged that pursuant to agreement between plaintiff and defendants' intestate the former delivered to the latter for safe keeping sums aggregating $5,613.90 with the understanding decedent would return the moneys upon demand. The only proof submitted would justify a finding that the...
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