Vacca v. Gaspero

Winnet, J.,

The motion for a new trial raises only one point: the propriety of using the prior testimony of plaintiff at the first trial.

This was a suit by plaintiff to recover moneys which he paid to defendant on the purchase of furniture. His *684allegation was that he purchased the furniture from defendant for the total sum of $365. He paid on account $270. At the time of the purchase, according to plaintiff, it was agreed that if the plaintiff was inducted into the service he would be refunded his deposit. He alleged that he was inducted into the service but defendant refused to return the…