Herzell v. Smith
Austin Herzell v. "Alfred " Tyler Smith (the Name "Alfred " Being Fictitious, Defendant's First Name Being Unknown to Plaintiff)
Herzell v. Smith, 238 A.D. 791 (1933)
Opinion of the Court
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Judgment affirmed, with costs. No opinion. Lazansky, P. J., Kapper and Carswell, JJ., concur; Seudder and Davis, JJ., dissent on the ground that there was an issue of fact which should have been submitted to the jury.
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