Allen v. McWalters

Appellate Terms of the Supreme Court of New York

Allen v. McWalters

129 N.Y.S. 1111

CourtAppellate Terms of the Supreme Court of New York

DecidedMay 18, 1911

StatusPublished

This text of 129 N.Y.S. 1111 (Allen v. McWalters) is published on Counsel Stack Legal Research, covering Appellate Terms of the Supreme Court of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Allen v. McWalters, 129 N.Y.S. 1111 (N.Y. Ct. App. 1911).

Pincite

Opinion

PER CURIAM.

We think that it was error on the part of "the trial justice to exclude the testimony offered by the plaintiff, upon the trial, tending to show that the contract upon which the plaintiff’s cause of action rested, as set up in the complaint, was .made with the defendant and a duly authorized agent of the plaintiff, and for that reason there must be a new trial. Judgment reversed, and a new trial ordered, with costs to the appellant to abide the event.

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PER CURIAM.

We think that it was error on the part of "the trial justice to exclude the testimony offered by the plaintiff, upon the trial, tending to show that the contract upon which the plaintiff’s cause of action rested, as set up in the complaint, was .made with the defendant and a duly authorized agent of the plaintiff, and for that reason there must be a new trial. Judgment reversed, and a new trial ordered, with costs to the appellant to abide the event.

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Bluebook (online)

129 N.Y.S. 1111, Counsel Stack Legal Research, https://law.counselstack.com/opinion/allen-v-mcwalters-nyappterm-1911.