Duryea v. Matranga

Appellate Terms of the Supreme Court of New York

Duryea v. Matranga

31 Misc. 789, 65 N.Y.S. 319

CourtAppellate Terms of the Supreme Court of New York

DecidedJune 15, 1900

StatusPublished

This text of 31 Misc. 789 (Duryea v. Matranga) 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

Duryea v. Matranga, 31 Misc. 789, 65 N.Y.S. 319 (N.Y. Ct. App. 1900).

Pincite

Opinion

Per Curiam.

It was error to take this case from the jury. The identity of name raises a presumption of identity of person where there is similarity of residence or occupation (Lawson Presump. Ev. 307), and, notwithstanding the defendant’s denial, the question as to the defendant’s identity should have been submitted to the jury. There is sufficient evidence in the record to warrant a verdict for the plaintiff.

Present: Beekmatt, P. J., Giegebich and O’Gobmah, JJ.

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

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Per Curiam.

It was error to take this case from the jury. The identity of name raises a presumption of identity of person where there is similarity of residence or occupation (Lawson Presump. Ev. 307), and, notwithstanding the defendant’s denial, the question as to the defendant’s identity should have been submitted to the jury. There is sufficient evidence in the record to warrant a verdict for the plaintiff.

Present: Beekmatt, P. J., Giegebich and O’Gobmah, JJ.

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

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Bluebook (online)

31 Misc. 789, 65 N.Y.S. 319, Counsel Stack Legal Research, https://law.counselstack.com/opinion/duryea-v-matranga-nyappterm-1900.