Lembeck v. Gerken

The opinion of the court was delivered by

Kalisch, J.

The appellant, plaintiff below, brought an action for deceit against the respondent, defendant below. On the first trial the plaintiff recovered a verdict which was set aside on a rule to show cause for the reasons set out in an opinion reported in 86 N. J. L. 111.

The case was brought on for trial again at the Hudson Circuit and the same evidence offered at the first trial was introduced and the court under the opinion referred to ordered a nonsuit. From the judgment entered on the non-suit an appeal has been taken to this court.

The chief…