Hoffower v. Pennsylvania Exchange Bank

Judgment and order unanimously reversed on the law and facts and new trial granted, with costs to appellant to abide the event. Memorandum: When this appeal was previously before this court (8 A D 2d 585) wc reversed upon the ground that the proof did not support the finding that plaintiff’s damage was the face amount of the checks. We expressly stated, however, that we did not pass upon any other question. Upon that prior appeal the defendant raised serious questions as to whether plaintiff had made out any cause of action. Upon the retrial plaintiff proceeded as if a new trial had been…