Judgment reversed, on the law, with costs, and new trial granted.
Defendant was sued by his former employer to recover $1,550 allegedly due on commission overdrafts which had been written up as promissory notes. Defendant's sole defense was embodied in his counterclaim, wherein he claimed $8,750 due as sales commissions. After the jury was impaneled, the Trial Judge ordered that defendant, a devout adherent of the Jewish faith, remove his skullcap before the jury...
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