James T. White & Co. v. Marckwald

Appellate Terms of the Supreme Court of New York

James T. White & Co. v. Marckwald

126 N.Y.S. 614

CourtAppellate Terms of the Supreme Court of New York

DecidedJanuary 5, 1911

StatusPublished

This text of 126 N.Y.S. 614 (James T. White & Co. v. Marckwald) 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

James T. White & Co. v. Marckwald, 126 N.Y.S. 614 (N.Y. Ct. App. 1911).

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Opinions

GIEGERICH, J.

The trial justice found, after examining the books, that they were an encyclopedia of biography and very little else. There was evidence amply sufficient to justify his further con[615]*615•elusion that the books were represented to the defendant as a work of much wider scope. " I do not think that his determination in favor ■of the defendant ought to be disturbed, especially since the books, which were apparently a very material part of the evidence before the trial court, are not before this court.

The judgment should therefore be affirmed, with costs.

GAVEGAN, J., concurs.

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GIEGERICH, J.

The trial justice found, after examining the books, that they were an encyclopedia of biography and very little else. There was evidence amply sufficient to justify his further con[615]*615•elusion that the books were represented to the defendant as a work of much wider scope. " I do not think that his determination in favor ■of the defendant ought to be disturbed, especially since the books, which were apparently a very material part of the evidence before the trial court, are not before this court.

The judgment should therefore be affirmed, with costs.

GAVEGAN, J., concurs.

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Bluebook (online)

126 N.Y.S. 614, Counsel Stack Legal Research, https://law.counselstack.com/opinion/james-t-white-co-v-marckwald-nyappterm-1911.