The District Court, after a nonjury trial, had dismissed the complaint "without prejudice to any claim plaintiff may have against the defendant on the theory of consignment." The Appellate Term reversed the judgment of the District Court and directed the new trial limited to the purpose stated. Order of Appellate Term, insofar as appealed from, affirmed, with costs to defendant to abide the new trial.
There was ample proof upon which to determine that the transaction...
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