Maldonado and Company v. . Espen

New York Court of Appeals

Maldonado and Company v. . Espen

88 N.E. 14, 195 N.Y. 541, 1909 N.Y. LEXIS 1109

DecidedApril 9, 1909

StatusPublished

This text of 88 N.E. 14 (Maldonado and Company v. . Espen) is published on Counsel Stack Legal Research, covering New York Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Maldonado and Company v. . Espen, 88 N.E. 14, 195 N.Y. 541, 1909 N.Y. LEXIS 1109 (N.Y. 1909).

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Opinion

Per Ouriam.

The contract sued upon was established by the letters between the parties. Much of the evidence of prior conversations, upon the subject of an order for the merchandise, was immaterial and should have been excluded. As we cannot see, however, that the defendants suffered any prejudice from the admission of that evidence, and as it does not vary the obligations of the contract, the judgment will be affirmed.

Cullen, Ch. J., Cray, Edward T. Bartlett, Haight, Vann, Willard Bartlett and Chase, JJ., concur.

Judgment affirmed, with costs.

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Per Ouriam.

The contract sued upon was established by the letters between the parties. Much of the evidence of prior conversations, upon the subject of an order for the merchandise, was immaterial and should have been excluded. As we cannot see, however, that the defendants suffered any prejudice from the admission of that evidence, and as it does not vary the obligations of the contract, the judgment will be affirmed.

Cullen, Ch. J., Cray, Edward T. Bartlett, Haight, Vann, Willard Bartlett and Chase, JJ., concur.

Judgment affirmed, with costs.

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Bluebook (online)

88 N.E. 14, 195 N.Y. 541, 1909 N.Y. LEXIS 1109, Counsel Stack Legal Research, https://law.counselstack.com/opinion/maldonado-and-company-v-espen-ny-1909.