Court of Appeals for the Second Circuit December 16, 1940, No. 53 (Bennett v. Holland Furnace Co.)

lead-opinion

CHASE, Circuit Judge.

This suit, originally brought in the New York Supreme Court, County of Westchester, was removed to the District Court for the Southern District of New York and there tried to a jury. A verdict for the plaintiff was set aside on motion and a new trial granted. At the retrial, the plaintiff moved to dismiss the defendant’s counterclaim.