Luneschloss v. Rothschild

Appellate Terms of the Supreme Court of New York

Luneschloss v. Rothschild

119 N.Y.S. 1133

CourtAppellate Terms of the Supreme Court of New York

DecidedDecember 22, 1909

StatusPublished

This text of 119 N.Y.S. 1133 (Luneschloss v. Rothschild) 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

Luneschloss v. Rothschild, 119 N.Y.S. 1133 (N.Y. Ct. App. 1909).

Pincite

Opinion

PER CURIAM.

The judgment was clearly against the weight of the evidence. In the letter of May 7, 1907, to the Metropole Construction Company, it is stated that the work was done on the order of Mr. Livingston, not of the defendant, as the witness Smith testified upon the trial. The attempted explanation by this witness as to why such statement was made, and what part Livingston took in the transaction, is not clear, and does not account for the contradiction. The judgment should be reversed, and a new trial ordered, with costs to appellant to abide the event.

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PER CURIAM.

The judgment was clearly against the weight of the evidence. In the letter of May 7, 1907, to the Metropole Construction Company, it is stated that the work was done on the order of Mr. Livingston, not of the defendant, as the witness Smith testified upon the trial. The attempted explanation by this witness as to why such statement was made, and what part Livingston took in the transaction, is not clear, and does not account for the contradiction. The judgment should be reversed, and a new trial ordered, with costs to appellant to abide the event.

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Bluebook (online)

119 N.Y.S. 1133, Counsel Stack Legal Research, https://law.counselstack.com/opinion/luneschloss-v-rothschild-nyappterm-1909.