Bill v. Wolinsky

Appellate Terms of the Supreme Court of New York

Bill v. Wolinsky

123 N.Y.S. 290

CourtAppellate Terms of the Supreme Court of New York

DecidedMay 24, 1910

StatusPublished

This text of 123 N.Y.S. 290 (Bill v. Wolinsky) 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

Bill v. Wolinsky, 123 N.Y.S. 290 (N.Y. Ct. App. 1910).

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Opinion

SEABURY, J.

By the plaintiff’s concession, made upon the trial, the cause of action was reduced to a claim against the defendant for work, labor, and services performed by the plaintiff, and the defense thereto was infancy. The uncontradicted testimony showed that the defendant was born in 1890, thus showing that when the services were rendered and when this action was commenced the defendant was less than 21 years of age.

The judgment must therefore be reversed, and a new trial ordered, with costs to appellant to abide the event.

LEHMAN, J., concurs. PAGE, J., dissents.

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SEABURY, J.

By the plaintiff’s concession, made upon the trial, the cause of action was reduced to a claim against the defendant for work, labor, and services performed by the plaintiff, and the defense thereto was infancy. The uncontradicted testimony showed that the defendant was born in 1890, thus showing that when the services were rendered and when this action was commenced the defendant was less than 21 years of age.

The judgment must therefore be reversed, and a new trial ordered, with costs to appellant to abide the event.

LEHMAN, J., concurs. PAGE, J., dissents.

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Bluebook (online)

123 N.Y.S. 290, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bill-v-wolinsky-nyappterm-1910.