Desmond v. Byrne

Appellate Terms of the Supreme Court of New York

Desmond v. Byrne

129 N.Y.S. 1120

CourtAppellate Terms of the Supreme Court of New York

DecidedMay 4, 1911

StatusPublished

This text of 129 N.Y.S. 1120 (Desmond v. Byrne) 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

Desmond v. Byrne, 129 N.Y.S. 1120 (N.Y. Ct. App. 1911).

Pincite

Opinion

SEABURY, J.

Notwithstanding that the defendant admitted that he signed a written contract with the plaintiff’s assignor, under which the plaintiff’s assignor was required to deliver to the defendant 15 books, for which the defendant agreed to pay $59.50, and that the books were delivered, the court below granted judgment for the defendant, dismissing the complaint. The defendant’s claim that he delivered the books to an express company to return them to the plaintiff’s assignor and the production of an alleged receipt from the express company seem to constitute the grounds upon which this judgment was rendered. The court also admitted other incompetent evidence tending to contradict the contract existing 'between the defendant and the plaintiff’s assignor. Judgment reversed, and a new trial ordered, with costs to the appellant to abide the event. All concur.

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SEABURY, J.

Notwithstanding that the defendant admitted that he signed a written contract with the plaintiff’s assignor, under which the plaintiff’s assignor was required to deliver to the defendant 15 books, for which the defendant agreed to pay $59.50, and that the books were delivered, the court below granted judgment for the defendant, dismissing the complaint. The defendant’s claim that he delivered the books to an express company to return them to the plaintiff’s assignor and the production of an alleged receipt from the express company seem to constitute the grounds upon which this judgment was rendered. The court also admitted other incompetent evidence tending to contradict the contract existing 'between the defendant and the plaintiff’s assignor. Judgment reversed, and a new trial ordered, with costs to the appellant to abide the event. All concur.

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Bluebook (online)

129 N.Y.S. 1120, Counsel Stack Legal Research, https://law.counselstack.com/opinion/desmond-v-byrne-nyappterm-1911.