 SCOTT, P. J. (concurring). I concur in the reversal of the judgment for the reasons given by Mr. Justice MacLEAN, but am not willing to go so far as to say that a verdict for plaintiff would certainly have to be set aside. 
MacLean, Scott
Schmal v. Rothschild
SCHMAL v. ROTHSCHILD
<p>Appeal from Municipal Court, Borough of Manhattan, Fifth District.</p> <p>Action by Joseph Schmal against Maurice Rothschild. From a judgment in favor of defendant, plaintiff appeals.</p>
<p>Tbial—Submission of Case to .Tuny—Contradicting- Facts.</p> <p>Where there are contradictions between the parties as to the facts in issue, the case must be submitted to the jury, although a verdict for plaintiff, if found, would have to he set aside.</p>
Appellate Terms of the Supreme Court of New York
Appellate Terms of the Supreme Court of New York