McKenna v. Brown

Appellate Division of the Supreme Court of New York

McKenna v. Brown

73 N.Y.S. 1140

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

DecidedDecember 5, 1901

StatusPublished

This text of 73 N.Y.S. 1140 (McKenna v. Brown) 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

McKenna v. Brown, 73 N.Y.S. 1140 (N.Y. Ct. App. 1901).

Pincite

Opinion

PER CURIAM.

Judgment and order reversed, and new trial granted, costs to abide the event, because of error in the charge in the case to the effect that the jury could consider the public offices' which the plaintiff had held in determining the question as to whether he was presenting and asserting against the defendants a false and padded bill. The holding of public office, being in itself no proof of the correctness of a claim in suit, could not lawfully be considered by the jury in determining that question.

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PER CURIAM.

Judgment and order reversed, and new trial granted, costs to abide the event, because of error in the charge in the case to the effect that the jury could consider the public offices' which the plaintiff had held in determining the question as to whether he was presenting and asserting against the defendants a false and padded bill. The holding of public office, being in itself no proof of the correctness of a claim in suit, could not lawfully be considered by the jury in determining that question.

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Bluebook (online)

73 N.Y.S. 1140, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mckenna-v-brown-nyappdiv-1901.