Eilenberg v. Wax

Appellate Terms of the Supreme Court of New York

Eilenberg v. Wax

140 N.Y.S. 372

CourtAppellate Terms of the Supreme Court of New York

DecidedFebruary 20, 1913

StatusPublished

This text of 140 N.Y.S. 372 (Eilenberg v. Wax) 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

Eilenberg v. Wax, 140 N.Y.S. 372 (N.Y. Ct. App. 1913).

Pincite

Opinion

PER CURIAM.

This is an action to recover damages for alleged fraudulent representations. Whether or not the defendant had made false representations to the plaintiff to induce him to deposit a check for $50 could only be fairly determined after the parties had each been permitted to testify to their version of the transaction. The learned court below excluded the evidence of the defendant on this question. That ruling necessitates a new trial.

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

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PER CURIAM.

This is an action to recover damages for alleged fraudulent representations. Whether or not the defendant had made false representations to the plaintiff to induce him to deposit a check for $50 could only be fairly determined after the parties had each been permitted to testify to their version of the transaction. The learned court below excluded the evidence of the defendant on this question. That ruling necessitates a new trial.

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

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Bluebook (online)

140 N.Y.S. 372, Counsel Stack Legal Research, https://law.counselstack.com/opinion/eilenberg-v-wax-nyappterm-1913.