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Werle v. Rumsey

Court of Appeals of the State of New York
May 24, 1938
15 N.E.2d 572 (N.Y. 1938)

Opinion

Argued April 13, 1938

Decided May 24, 1938

Appeal from the Supreme Court, Appellate Division, First Department.

William M. Kilcullen, Edwin J. Dryer and Wesley S. Sawyer for appellant.

Louis J. Wolff and Harding Cowan for respondents.


The complaint was dismissed at the close of the plaintiff's case. As the record stood there was testimony from which the jury might believe that the plaintiff consulted the defendants concerning the danger of the defense of usury, that there was a lack of due care in advising only the obtaining of an estoppel certificate and the plaintiff suffered a loss in consequence thereof. Thus a prima facie case was made out raising issues of fact for the jury. The defendants, however, are entitled to present evidence in explanation or denial of this testimony.

The judgments should be reversed and new trial granted, with costs to abide the event.

CRANE, Ch. J., LEHMAN, O'BRIEN, HUBBS, LOUGHRAN, FINCH and RIPPEY, JJ., concur.

Judgments reversed, etc.


Summaries of

Werle v. Rumsey

Court of Appeals of the State of New York
May 24, 1938
15 N.E.2d 572 (N.Y. 1938)
Case details for

Werle v. Rumsey

Case Details

Full title:JOHN WERLE, Appellant, v. DAVID RUMSEY et al., Individually and as…

Court:Court of Appeals of the State of New York

Date published: May 24, 1938

Citations

15 N.E.2d 572 (N.Y. 1938)
15 N.E.2d 572

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