Judgment reversed, on the law, and new trial granted, with costs to abide the event.
No questions of fact were presented on this appeal. We are of the opinion that the record in this case presented a question of fact for the jury as to the intention and capacity of defendant in signing the employment contract (Esselstyn v. McDonald, 98 App. Div. 197). Thus, it was error to take the case from the jury.
Let's get started
Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.
- Updated daily.
- Uncompromising quality.
- Complete, Accurate, Current.
