Diamondstone v. Gutstadt

Appellate Terms of the Supreme Court of New York

Diamondstone v. Gutstadt

35 Misc. 807, 72 N.Y.S. 1099

CourtAppellate Terms of the Supreme Court of New York

DecidedJune 15, 1901

StatusPublished

This text of 35 Misc. 807 (Diamondstone v. Gutstadt) 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

Diamondstone v. Gutstadt, 35 Misc. 807, 72 N.Y.S. 1099 (N.Y. Ct. App. 1901).

Pincite

Opinion

Per Curiam.

The real issue upon the trial related solely to an increase of three cents a dozen, insisted by the plaintiff to have been made between him and the defendants. The plaintiff’s [808]*808testimony was too inexact in favor of such, an agreement, while each defendant expressly denied the making of such an arrangement. The court below found for the defendants on the question and awarded the plaintiff somewhat more than the defendants had paid into court, but without costs. We think this conclusion should rest undisturbed.

Present: Scott, P. J., Beach and Fitzgerald, JJ.

Judgment affirmed, with costs.

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Per Curiam.

The real issue upon the trial related solely to an increase of three cents a dozen, insisted by the plaintiff to have been made between him and the defendants. The plaintiff’s [808]*808testimony was too inexact in favor of such, an agreement, while each defendant expressly denied the making of such an arrangement. The court below found for the defendants on the question and awarded the plaintiff somewhat more than the defendants had paid into court, but without costs. We think this conclusion should rest undisturbed.

Present: Scott, P. J., Beach and Fitzgerald, JJ.

Judgment affirmed, with costs.

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Bluebook (online)

35 Misc. 807, 72 N.Y.S. 1099, Counsel Stack Legal Research, https://law.counselstack.com/opinion/diamondstone-v-gutstadt-nyappterm-1901.