K. & S. Sales Co. v. Kleinman 226 A.D. 766

Judgment reversed upon the law and the facts and new trial granted, costs to appellant to abide the event. There is no proof in the case that the merchandise sold was intended by the parties to be used in connection with the gambling device in question. A new trial is granted for the purpose of ascertaining the conditions and circumstances under which the goods were bought. Lazansky, P. J., Rich, Kapper, Hagarty and Scudder, JJ., concur.