Jastrzembski v. Jandzinski

Appellate Division of the Supreme Court of New York

Jastrzembski v. Jandzinski

252 A.D. 925, 300 N.Y.S. 59, 1937 N.Y. App. Div. LEXIS 6839

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

DecidedNovember 23, 1937

StatusPublished

This text of 252 A.D. 925 (Jastrzembski v. Jandzinski) 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

Jastrzembski v. Jandzinski, 252 A.D. 925, 300 N.Y.S. 59, 1937 N.Y. App. Div. LEXIS 6839 (N.Y. Ct. App. 1937).

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Opinion

Judgment reversed on the facts and new trial granted, with costs to the appellants to abide the event. Memorandum: From the evidence in the record, the plaintiff’s [926]*926cause of action appears to be based upon a loan of money made to defendants by plaintiff’s mother for plaintiff as an undisclosed principal. One of the chief issues relates to the amount of repayments made by defendants to plaintiff’s mother. A difference of views as to the theory of plaintiff’s cause of action led to arguments and colloquies upon the trial which so obscured the substantial issue that we feel that the interests of justice require a new trial so that there may be an orderly presentation of the claims of the respective parties. All concur. (The judgment is for plaintiff in an action to recover money loaned.) Present — Sears, P. J., Edgcomb, Crosby, Lewis, and Taylor, JJ.

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Judgment reversed on the facts and new trial granted, with costs to the appellants to abide the event. Memorandum: From the evidence in the record, the plaintiff’s [926]*926cause of action appears to be based upon a loan of money made to defendants by plaintiff’s mother for plaintiff as an undisclosed principal. One of the chief issues relates to the amount of repayments made by defendants to plaintiff’s mother. A difference of views as to the theory of plaintiff’s cause of action led to arguments and colloquies upon the trial which so obscured the substantial issue that we feel that the interests of justice require a new trial so that there may be an orderly presentation of the claims of the respective parties. All concur. (The judgment is for plaintiff in an action to recover money loaned.) Present — Sears, P. J., Edgcomb, Crosby, Lewis, and Taylor, JJ.

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Bluebook (online)

252 A.D. 925, 300 N.Y.S. 59, 1937 N.Y. App. Div. LEXIS 6839, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jastrzembski-v-jandzinski-nyappdiv-1937.