Jaeger v. German-American Insurance

Appellate Terms of the Supreme Court of New York

Jaeger v. German-American Insurance

94 N.Y.S. 310

CourtAppellate Terms of the Supreme Court of New York

DecidedJune 26, 1905

StatusPublished

This text of 94 N.Y.S. 310 (Jaeger v. German-American Insurance) 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

Jaeger v. German-American Insurance, 94 N.Y.S. 310 (N.Y. Ct. App. 1905).

Pincite

Opinion

PER CURIAM.

The verdict was against the weight of evidence. It is difficult to believe that the plaintiff was not guilty of both fraud and false swearing. As, however, the defendant did not move to set aside the verdict, we are not required to pass upon the question of preponderance of evidence. The witness Caroline Jaeger was allowed, over the objection of defendant, to testify," “They told me [referring to the piano] it was worth $400.” The exception to the ruling presents reversible error.

The judgment will be reversed, and a new trial ordered, with costs to appellant to abide the event.

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PER CURIAM.

The verdict was against the weight of evidence. It is difficult to believe that the plaintiff was not guilty of both fraud and false swearing. As, however, the defendant did not move to set aside the verdict, we are not required to pass upon the question of preponderance of evidence. The witness Caroline Jaeger was allowed, over the objection of defendant, to testify," “They told me [referring to the piano] it was worth $400.” The exception to the ruling presents reversible error.

The judgment will be reversed, and a new trial ordered, with costs to appellant to abide the event.

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Bluebook (online)

94 N.Y.S. 310, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jaeger-v-german-american-insurance-nyappterm-1905.