Hewit v. Hedden

Appellate Division of the Supreme Court of New York

Hewit v. Hedden

84 N.Y.S. 1129

Appellate Division of the Supreme Court of the State of New York·Decided November 24, 1903·Published

Opinion

PER CURIAM.

Judgment and order reversed, and new trial ordered, with costs to the appellant to abide event, upon questions of law only. Held that, the trial justice having charged the jury “that the plaintiff can recover, if at all, only upon the contract signed by Adams and the defendants’ Exhibit 4 in this case,” and it being conceded that the plaintiff is not entitled to recover upon such contract, the judgment must be reversed, notwithstanding the plaintiff may have alleged and established by competent proof another and different cause of action against the defendants.

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PER CURIAM.

Judgment and order reversed, and new trial ordered, with costs to the appellant to abide event, upon questions of law only. Held that, the trial justice having charged the jury “that the plaintiff can recover, if at all, only upon the contract signed by Adams and the defendants’ Exhibit 4 in this case,” and it being conceded that the plaintiff is not entitled to recover upon such contract, the judgment must be reversed, notwithstanding the plaintiff may have alleged and established by competent proof another and different cause of action against the defendants.

Hewit v. Hedden, 84 N.Y.S. 1129 (N.Y. Ct. App. 1903).

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