Judgment reversed, on the law, and new trial granted, with costs to abide the event.
In view of the fact that Trial Term had concluded, as a matter of law, that the defenses of actual or implied authority were not made out, it was error to submit the following question to the jury: "Were the signatures on the checks unauthorized and thus forgeries?" The interrogatory, although supposedly aimed at the question of apparent authority, was at best confusing and at worst...
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