Penland v. Crapo

Risk Curiam :

The judgment of nonsuit must be set aside. Viewing the evidence in the light most favorable to the plaintiff, as we are required to do in this appeal; we find in it what seems to us amply sufficient to sustain his demand that the check or certificate of deposit placed by the defendant Crapo in the Battery Park Bank at plaintiff’s direction shall be condemned to the payment of the sum which that defendant had promised to pay him, as lie alleges.

Error.