O'Connor v. Stevenson

Appellate Division of the Supreme Court of New York

O'Connor v. Stevenson

62 N.Y.S. 898, 49 A.D. 630

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

DecidedMarch 6, 1900

StatusPublished

Cited by1 cases

This text of 62 N.Y.S. 898 (O'Connor v. Stevenson) 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

O'Connor v. Stevenson, 62 N.Y.S. 898, 49 A.D. 630 (N.Y. Ct. App. 1900).

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Opinion

PEE GUEIAM.

The facts in this case are fully recited in an appeal, which was disposed of by the. appellate division of the First department, and is reported in 39 App. Div. 664, 57 N. Y. Supp. 320. The court reversed the judgment entered therein, upon the ground that the question whether the bank book and order constituted a payment under the contract, or not, was a question of fact for the jury. Upon the present trial the evidence on the part of the plaintiff tended to establish that the bank book and order were delivered and received as payment. Upon such delivery the plaintiff became entitled to have the license transferred to him, and such was the arrangement of the parties. The court submitted this question to the jury, in accordance with the decision of the appellate division, and a verdict was found in favor of the plaintiff. This was authorized under the former decision. The complaint was for a breach of contract, authorized the proof which was given, and is sufficient to support the judgment which has been rendered. The judgment should therefore be affirmed.

Judgment and order affirmed, with costs.

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PEE GUEIAM.

The facts in this case are fully recited in an appeal, which was disposed of by the. appellate division of the First department, and is reported in 39 App. Div. 664, 57 N. Y. Supp. 320. The court reversed the judgment entered therein, upon the ground that the question whether the bank book and order constituted a payment under the contract, or not, was a question of fact for the jury. Upon the present trial the evidence on the part of the plaintiff tended to establish that the bank book and order were delivered and received as payment. Upon such delivery the plaintiff became entitled to have the license transferred to him, and such was the arrangement of the parties. The court submitted this question to the jury, in accordance with the decision of the appellate division, and a verdict was found in favor of the plaintiff. This was authorized under the former decision. The complaint was for a breach of contract, authorized the proof which was given, and is sufficient to support the judgment which has been rendered. The judgment should therefore be affirmed.

Judgment and order affirmed, with costs.

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Bluebook (online)

62 N.Y.S. 898, 49 A.D. 630, Counsel Stack Legal Research, https://law.counselstack.com/opinion/oconnor-v-stevenson-nyappdiv-1900.

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