Muhlig v. Rebhan

Appellate Terms of the Supreme Court of New York

Muhlig v. Rebhan

55 Misc. 305, 105 N.Y.S. 110

CourtAppellate Terms of the Supreme Court of New York

DecidedJune 15, 1907

StatusPublished

This text of 55 Misc. 305 (Muhlig v. Rebhan) 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

Muhlig v. Rebhan, 55 Misc. 305, 105 N.Y.S. 110 (N.Y. Ct. App. 1907).

Pincite

Opinion

Per Curiam.

The action is for fraud. The jury found for defendant. The plaintiff attacks the judgment solely on the ground that, in his charge to the jury, the court held the plaintiff up to ridicule and contempt and prejudiced thereby the minds of the jury against him. A perusal of the charge convinces us that there is much merit in this claim, and we think in the interests of justice a new trial should be granted.

Present: Gildersleeve, Seabury and Platzek, JJ.

Judgment reversed and new trial ordered, with costs to appellant to abide event.

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Per Curiam.

The action is for fraud. The jury found for defendant. The plaintiff attacks the judgment solely on the ground that, in his charge to the jury, the court held the plaintiff up to ridicule and contempt and prejudiced thereby the minds of the jury against him. A perusal of the charge convinces us that there is much merit in this claim, and we think in the interests of justice a new trial should be granted.

Present: Gildersleeve, Seabury and Platzek, JJ.

Judgment reversed and new trial ordered, with costs to appellant to abide event.

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Bluebook (online)

55 Misc. 305, 105 N.Y.S. 110, Counsel Stack Legal Research, https://law.counselstack.com/opinion/muhlig-v-rebhan-nyappterm-1907.