Veihelmann v. Manufacturers Safe Deposit Co.

Does, J. P.

(dissenting). In an action by plaintiff, holder of a safe-deposit box in defendant’s bank, defendant appeals from judgment entered on a jury’s verdict of $10,000 in plaintiff’s favor after a second trial before the court and jury. At the first trial the jury disagreed and was discharged and the complaint dismissed by Trial Term on the merits (198 Misc. 861); this court on appeal unanimously affirmed (278 App. Div. 685); the Court of Appeals granted leave to appeal and in a four to three decision reversed this court and granted a new trial (303 N. Y. 526). The majority opinion of…