...witness. In his charge to the jury the trial court properly left this question to the jury to decide. The judgment of the Appellate Division should be reversed, and that of the trial court affirmed. MCLAUGHLIN, J. (dissenting): I dissent and vote to affirm the judgment appealed from...

...it Is not, we think, so substantial that It could have affected the result. Code Civ. Proc. § 1317. The judgment of the Appellate Division should be reversed, and that of the Trial Term affirmed, with costs in the Appellate uivision and in this court HISCOCK, CJ, and CHASE, HQGAN,...

...he waive his cause of action for fraud. Friend v. Talcott, 228 US 27, 33 Sup. CL 505, 57 L. Ed. 718. The judgment of the Appellate Division should be reversed and that of the Special Term affirmed, with costs in the Appellate Division and in this court HISCOCK, GJ, and HOGAN,...

...such error which authorized a reversal of 281 the judgment entered upon its decision. It follows that the judgment of the appellate division should be reversed, and that of the special term affirmed, with costs to the plaintiffs in all the courts. All concur, except Parker, CJ,...

...use equaled the sum paid. Our attention has been called to the cases of Pyne T. Wood, 145 Mass. 558, and McCarthy v. Henderson, 138 Mass. 310, but we think...further than intimated in the opinion. All concur. INFANTS' CONTRACTS— DISAFFIRMANOE-ACTION FOR MONEY PAID-ACCOUNTING FOR BENEFIT— An Infant may avoid...

...use equaled the sum paid. Our attention has been called to the cases of Pyne v. Wood, 145 Mass. 558, and McCarthy v. Henderson, 138 Mass. 310, but we think...further than intimated in the opinion. All concur. INFANTS' CONTRACTS-DISAFFIRMANCE—ACTION FOR MONEY PAID—ACCOUNTING FOR BENEFIT.—An infant may...

...justice and sound policy, as well as the impossibility of any other form of redress. It follows that the judgment of the Appellate Division should be reversed and that of the Special Term affirmed, with costs, and the question certified should be answered in the affirmative....

...will, were not remaindermen nor entitled to share in the estate. We think this should not be permitted. The judgment of the appellate division should be reversed, and that of the trial court affirmed, with costs in both courts. Cullen, CJ, O'Brien, Edward T. Bartlett, Vann, Hkcock and...

...court, the use equalled the sum paid. Our attention has been called to the cases of Pyne v. Wood, 14.5 Mass. 558, 14 NE 775, and McCarthy v. Henderson, 138...affirmative. An answer of the first question is not deemed nece^ary further than intimated in the opinion. All concur. Judgment reversed, etc.8 (Supreme Court...

...the judgment is silent as to the ground of reversal, and the award of final judgment is unwarranted, the judgment of the Appellate Division should be reversed, and that of the trial court affirmed, unless the lower court committed some error of law necessitating a reversal, in which...