Hewit v. Hedden

Appellate Division of the Supreme Court of New York

Hewit v. Hedden

84 N.Y.S. 1129

CourtAppellate Division of the Supreme Court of the State of New York

DecidedNovember 24, 1903

StatusPublished

This text of 84 N.Y.S. 1129 (Hewit v. Hedden) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

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

Pincite

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.

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Bluebook (online)

84 N.Y.S. 1129, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hewit-v-hedden-nyappdiv-1903.