Parks & Woolson Machine Co. v. Levy

Appellate Terms of the Supreme Court of New York

Parks & Woolson Machine Co. v. Levy

88 N.Y.S. 993

CourtAppellate Terms of the Supreme Court of New York

DecidedJune 23, 1904

StatusPublished

This text of 88 N.Y.S. 993 (Parks & Woolson Machine Co. v. Levy) 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

Parks & Woolson Machine Co. v. Levy, 88 N.Y.S. 993 (N.Y. Ct. App. 1904).

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Opinion

MacLEAN, J.

Evidence of consideration or motive for signing the alleged guaranty by the defendant is vague, but mayhap the trial justice was justified by evidence not appearing in the record in dismissing the complaint, and, as there is neither stipulation of the parties nor certification by the trial justice that the case contains all the evidence, this court will not interfere. -Furthermore, not one of the reasons set forth in section 997 of the Code of Civil Procedure appears for the settlement and signing of the case by other than the judge before whom the action was tried. The judgment stand.

Judgment affirmed, with costs. All concur.

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MacLEAN, J.

Evidence of consideration or motive for signing the alleged guaranty by the defendant is vague, but mayhap the trial justice was justified by evidence not appearing in the record in dismissing the complaint, and, as there is neither stipulation of the parties nor certification by the trial justice that the case contains all the evidence, this court will not interfere. -Furthermore, not one of the reasons set forth in section 997 of the Code of Civil Procedure appears for the settlement and signing of the case by other than the judge before whom the action was tried. The judgment stand.

Judgment affirmed, with costs. All concur.

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Bluebook (online)

88 N.Y.S. 993, Counsel Stack Legal Research, https://law.counselstack.com/opinion/parks-woolson-machine-co-v-levy-nyappterm-1904.