Hess v. Benedict

New York Supreme Court

Hess v. Benedict

57 N.Y. Sup. Ct. 603

DecidedNovember 21, 1888

StatusPublished

This text of 57 N.Y. Sup. Ct. 603 (Hess v. Benedict) is published on Counsel Stack Legal Research, covering New York Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Hess v. Benedict, 57 N.Y. Sup. Ct. 603 (N.Y. Super. Ct. 1888).

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Opinion

— Per Curiam.

On the trial the plaintiff offered in evidence a portion of the account between the parties, as kept by the defendant, which was received. The defendant then offered in evidence the remainder of the same account, which was objected to as incompetent and immaterial. This objection was sustained. In this the referee erred. The plaintiff having offered and the referee having admitted a part of the account, the defendant was entitled to have the -whole admitted. Judgment reversed and a new trial ordered, with costs to abide the event.

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— Per Curiam.

On the trial the plaintiff offered in evidence a portion of the account between the parties, as kept by the defendant, which was received. The defendant then offered in evidence the remainder of the same account, which was objected to as incompetent and immaterial. This objection was sustained. In this the referee erred. The plaintiff having offered and the referee having admitted a part of the account, the defendant was entitled to have the -whole admitted. Judgment reversed and a new trial ordered, with costs to abide the event.

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Bluebook (online)

57 N.Y. Sup. Ct. 603, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hess-v-benedict-nysupct-1888.