Carey v. Beachey

Appellate Division of the Supreme Court of New York

Carey v. Beachey

85 N.Y.S. 1127

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

DecidedJanuary 5, 1904

StatusPublished

This text of 85 N.Y.S. 1127 (Carey v. Beachey) 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

Carey v. Beachey, 85 N.Y.S. 1127 (N.Y. Ct. App. 1904).

Pincite

Opinion

PER CURIAM.

Judgment and • order reversed, and new trial ordered, with costs to the appellant to abide event, upon questions of fact, unless tbe plaintiff stipulates that the judgment may be modified by striking therefrom, as of the date of the rendition of the same, the sum of $129.75, with interest tbereon from May 30, 1902, in which case the judgment, as so modified, and the order, are affirmed, without costs of this appeal to either party. Held that, the trial justice having charged, in effect, that the plaintiff could not recover the value*of the plum trees, if they were affected with “black heart,” as claimed by defendant, the verdict of the jury, necessarily involving the finding that they were not so affected, was against the weight of the evidence.

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PER CURIAM.

Judgment and • order reversed, and new trial ordered, with costs to the appellant to abide event, upon questions of fact, unless tbe plaintiff stipulates that the judgment may be modified by striking therefrom, as of the date of the rendition of the same, the sum of $129.75, with interest tbereon from May 30, 1902, in which case the judgment, as so modified, and the order, are affirmed, without costs of this appeal to either party. Held that, the trial justice having charged, in effect, that the plaintiff could not recover the value*of the plum trees, if they were affected with “black heart,” as claimed by defendant, the verdict of the jury, necessarily involving the finding that they were not so affected, was against the weight of the evidence.

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Bluebook (online)

85 N.Y.S. 1127, Counsel Stack Legal Research, https://law.counselstack.com/opinion/carey-v-beachey-nyappdiv-1904.