Haenlein v. Meyer

Appellate Terms of the Supreme Court of New York

Haenlein v. Meyer

35 Misc. 831, 72 N.Y.S. 1106

CourtAppellate Terms of the Supreme Court of New York

DecidedJune 15, 1901

StatusPublished

This text of 35 Misc. 831 (Haenlein v. Meyer) 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

Haenlein v. Meyer, 35 Misc. 831, 72 N.Y.S. 1106 (N.Y. Ct. App. 1901).

Pincite

Opinion

Per Curiam.

On conflicting evidence, the justice found for the plaintiff, and his conclusion is amply supported by the plaintiff’s testimony which the court seems to have accepted as correct. The point that the plaintiff’s husband was the proper party to sue was not raised below, and it is too late to present it for the first time on appeal. On the trial, defendant’s counsel disclaimed any purpose of moving for a nonsuit, stating that he desired a judgment on the merits. We see no reason for disturbing the judgment rendered and the same must be affirmed, with costs.

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

Judgment affirmed, with costs.

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Per Curiam.

On conflicting evidence, the justice found for the plaintiff, and his conclusion is amply supported by the plaintiff’s testimony which the court seems to have accepted as correct. The point that the plaintiff’s husband was the proper party to sue was not raised below, and it is too late to present it for the first time on appeal. On the trial, defendant’s counsel disclaimed any purpose of moving for a nonsuit, stating that he desired a judgment on the merits. We see no reason for disturbing the judgment rendered and the same must be affirmed, with costs.

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

Judgment affirmed, with costs.

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Bluebook (online)

35 Misc. 831, 72 N.Y.S. 1106, Counsel Stack Legal Research, https://law.counselstack.com/opinion/haenlein-v-meyer-nyappterm-1901.