Friedman v. Bindseil

Appellate Terms of the Supreme Court of New York

Friedman v. Bindseil

49 Misc. 639, 97 N.Y.S. 995

CourtAppellate Terms of the Supreme Court of New York

DecidedFebruary 15, 1906

StatusPublished

This text of 49 Misc. 639 (Friedman v. Bindseil) 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

Friedman v. Bindseil, 49 Misc. 639, 97 N.Y.S. 995 (N.Y. Ct. App. 1906).

Pincite

Opinion

Scott, J.

It was clearly erroneous to have admitted, in the first place, and to have refused to strike out, in the second place, the evidence of one of the defendants as to the possible effect upon the skins by the use of soda by the dresser. There is not the slightest evidence of such use; and, in the light of defendants’ apparent admission by letter that some of the skins had been injured in the dyeing, we cannot say that the jury were uninfluenced by the incompetent testimony.

Giegerich and Greenbaum, JJ., concur.

Judgment reversed and new trial granted, with costs to appellants to abide event.

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Scott, J.

It was clearly erroneous to have admitted, in the first place, and to have refused to strike out, in the second place, the evidence of one of the defendants as to the possible effect upon the skins by the use of soda by the dresser. There is not the slightest evidence of such use; and, in the light of defendants’ apparent admission by letter that some of the skins had been injured in the dyeing, we cannot say that the jury were uninfluenced by the incompetent testimony.

Giegerich and Greenbaum, JJ., concur.

Judgment reversed and new trial granted, with costs to appellants to abide event.

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Bluebook (online)

49 Misc. 639, 97 N.Y.S. 995, Counsel Stack Legal Research, https://law.counselstack.com/opinion/friedman-v-bindseil-nyappterm-1906.