Bair v. Hilbert

Appellate Division of the Supreme Court of New York

Bair v. Hilbert

73 N.Y.S. 1129

CourtAppellate Division of the Supreme Court of the State of New York

DecidedDecember 23, 1901

StatusPublished

This text of 73 N.Y.S. 1129 (Bair v. Hilbert) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Bair v. Hilbert, 73 N.Y.S. 1129 (N.Y. Ct. App. 1901).

Pincite

Opinion

PER CURIAM.

This judgment must be reversed for the error in excluding the evidence of the conversation between the parties as to the effect which the bankruptcy proceedings were to have upon the renewal of the engagement for work during the year ending May 1, 1899. We are bound to assume from the condition of the record that the appellant might have proven, had he been allowed to testify fully as tó this conversation, that it was agreed between the parties at that time that the advances on account of the current year’s salary should not be regarded as discharged by the bankruptcy proceedings. Judgment reversed, and new trial ordered; costs to abide the event.

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PER CURIAM.

This judgment must be reversed for the error in excluding the evidence of the conversation between the parties as to the effect which the bankruptcy proceedings were to have upon the renewal of the engagement for work during the year ending May 1, 1899. We are bound to assume from the condition of the record that the appellant might have proven, had he been allowed to testify fully as tó this conversation, that it was agreed between the parties at that time that the advances on account of the current year’s salary should not be regarded as discharged by the bankruptcy proceedings. Judgment reversed, and new trial ordered; costs to abide the event.

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Bluebook (online)

73 N.Y.S. 1129, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bair-v-hilbert-nyappdiv-1901.