Secor v. Heyman

Appellate Terms of the Supreme Court of New York

Secor v. Heyman

123 Misc. 168, 205 N.Y.S. 348, 1924 N.Y. Misc. LEXIS 939

CourtAppellate Terms of the Supreme Court of New York

DecidedMay 8, 1924

StatusPublished

Cited by1 cases

This text of 123 Misc. 168 (Secor v. Heyman) is published on Counsel Stack Legal Research, covering Appellate Terms of the Supreme Court of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Secor v. Heyman, 123 Misc. 168, 205 N.Y.S. 348, 1924 N.Y. Misc. LEXIS 939 (N.Y. Ct. App. 1924).

Pincite

Opinion

Per Curiam.

In an action instituted by a firm of stockbrokers to recover against its customer the price of certain stock purchased on his behalf, the defendant’s counsel in his summation to the jury said: “ There is many a man sitting on the benches in the park because he lost his money down in Wall street.” This remark was unwarranted and grossly prejudicial to plaintiffs’ rights, and demands a reversal of the judgment and a new trial.

Judgment reversed and a new trial ordered, with thirty dollars costs to appellants to abide the event.

Wagner and Wasservogel, JJ., concur; Guy, J., dissents.

Judgment reversed.

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