Coble v. Kesselgrau

Appellate Terms of the Supreme Court of New York

Coble v. Kesselgrau

32 Misc. 713, 65 N.Y.S. 1130

CourtAppellate Terms of the Supreme Court of New York

DecidedJuly 15, 1900

StatusPublished

This text of 32 Misc. 713 (Coble v. Kesselgrau) 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

Coble v. Kesselgrau, 32 Misc. 713, 65 N.Y.S. 1130 (N.Y. Ct. App. 1900).

Pincite

Opinion

Per Curiam.

As it does not appear that the plaintiff knew what evidence the defendant would give in the replevin action, it cannot be said that it was incumbent upon him to call defendant as a witness in that action. Particularly is this so, in view of the fact that the defendant had notice of the action, and could have presented himself for examination as a witness, if he chose to do so.

Attention is called to the fact that there was no evidence that the payment for counsel fee was a reasonable charge for a necessary expenditure.

The judgment should have been in favor of the plaintiff.

Present: Truax, P. J., Scott and Dugro, JJ.

Judgment reversed and new trial granted, with costs to appellant to abide event.

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