Burkholz v. Gilder

New York Court of Common Pleas

Burkholz v. Gilder

6 N.Y.S. 959, 25 N.Y. St. Rep. 745, 1889 N.Y. Misc. LEXIS 901

DecidedJune 27, 1889

StatusPublished

This text of 6 N.Y.S. 959 (Burkholz v. Gilder) is published on Counsel Stack Legal Research, covering New York Court of Common Pleas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Burkholz v. Gilder, 6 N.Y.S. 959, 25 N.Y. St. Rep. 745, 1889 N.Y. Misc. LEXIS 901 (N.Y. Super. Ct. 1889).

Pincite

Opinion

Per Curiam.

The letters of the witness Mackay were irrelevant to the issues in the action. They related to, and were written during the existence of, a former transaction in the year 1886, which had been closed and settled. Their introduction in evidence against the objection of the defendants was ■error. As we are unable to say that the minds of the jury were not affected by this evidence, to the prejudice of the defendants, there must be a new trial. Judgment reversed, and new trial ordered, with costs to abide event.

Free access — add to your briefcase to read the full text and ask questions with AI

Per Curiam.

The letters of the witness Mackay were irrelevant to the issues in the action. They related to, and were written during the existence of, a former transaction in the year 1886, which had been closed and settled. Their introduction in evidence against the objection of the defendants was ■error. As we are unable to say that the minds of the jury were not affected by this evidence, to the prejudice of the defendants, there must be a new trial. Judgment reversed, and new trial ordered, with costs to abide event.

Cite This Page — Counsel Stack

Bluebook (online)

6 N.Y.S. 959, 25 N.Y. St. Rep. 745, 1889 N.Y. Misc. LEXIS 901, Counsel Stack Legal Research, https://law.counselstack.com/opinion/burkholz-v-gilder-nyctcompl-1889.