Erlandson v. Groh

Appellate Terms of the Supreme Court of New York

Erlandson v. Groh

35 Misc. 821, 72 N.Y.S. 1101

CourtAppellate Terms of the Supreme Court of New York

DecidedJune 15, 1901

StatusPublished

This text of 35 Misc. 821 (Erlandson v. Groh) 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

Erlandson v. Groh, 35 Misc. 821, 72 N.Y.S. 1101 (N.Y. Ct. App. 1901).

Pincite

Opinion

Per Curiam.

There is nothing in this case except a conflict of evidence, and we see no reason to reverse the conclusion arrived at by the justice. The question put to the witness Hunt as to the condition of the machine at some undesignated time was properly excluded, because the issue was not as to its condition after it had been used by defendant, but as to its original capability for doing the work for which defendant ordered it.

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

Judgment affirmed, with costs.

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Per Curiam.

There is nothing in this case except a conflict of evidence, and we see no reason to reverse the conclusion arrived at by the justice. The question put to the witness Hunt as to the condition of the machine at some undesignated time was properly excluded, because the issue was not as to its condition after it had been used by defendant, but as to its original capability for doing the work for which defendant ordered it.

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

Judgment affirmed, with costs.

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Bluebook (online)

35 Misc. 821, 72 N.Y.S. 1101, Counsel Stack Legal Research, https://law.counselstack.com/opinion/erlandson-v-groh-nyappterm-1901.