Secor v. Heyman

Court: Appellate Terms of the Supreme Court of New York
Date filed: 1924-05-08
Citations: 123 Misc. 168, 205 N.Y.S. 348, 1924 N.Y. Misc. LEXIS 939
Copy Citations
1 Citing Case
Lead 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.