Davey Tree Expert Co. v. Daniell

Appellate Terms of the Supreme Court of New York

Davey Tree Expert Co. v. Daniell

135 Misc. 269, 238 N.Y.S. 21, 1929 N.Y. Misc. LEXIS 985

CourtAppellate Terms of the Supreme Court of New York

DecidedNovember 28, 1929

StatusPublished

This text of 135 Misc. 269 (Davey Tree Expert Co. v. Daniell) 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

Davey Tree Expert Co. v. Daniell, 135 Misc. 269, 238 N.Y.S. 21, 1929 N.Y. Misc. LEXIS 985 (N.Y. Ct. App. 1929).

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Opinion

Per Curiam.

Parol evidence was inadmissible to relieve the defendant from liability under the contracts signed by him. (Meyer v. Redmond, 205 N. Y. 478.) Although the plaintiff made no motion for the direction of & verdict, and a verdict was directed for the defendant, under section 584 of the Civil Practice Act, as amended by chapter 215 of the Laws of 1926, the appellate court upon reversal is authorized to render final judgment on the right of the parties. (United Paper Board Co. v. Iroquois Pulp & Paper Co., 217 App. Div. 253; affd., 249 N. Y. 588.)

Judgment reversed, with costs, and judgment directed for plaintiff as prayed for in the complaint.

All concur; present, Bijur, Lydon and Frankenthaler, JJ.

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Per Curiam.

Parol evidence was inadmissible to relieve the defendant from liability under the contracts signed by him. (Meyer v. Redmond, 205 N. Y. 478.) Although the plaintiff made no motion for the direction of & verdict, and a verdict was directed for the defendant, under section 584 of the Civil Practice Act, as amended by chapter 215 of the Laws of 1926, the appellate court upon reversal is authorized to render final judgment on the right of the parties. (United Paper Board Co. v. Iroquois Pulp & Paper Co., 217 App. Div. 253; affd., 249 N. Y. 588.)

Judgment reversed, with costs, and judgment directed for plaintiff as prayed for in the complaint.

All concur; present, Bijur, Lydon and Frankenthaler, JJ.

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Bluebook (online)

135 Misc. 269, 238 N.Y.S. 21, 1929 N.Y. Misc. LEXIS 985, Counsel Stack Legal Research, https://law.counselstack.com/opinion/davey-tree-expert-co-v-daniell-nyappterm-1929.

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