Platzer v. North British & Mercantile Insurance Company of London & Edinburgh

Appellate Terms of the Supreme Court of New York

Platzer v. North British & Mercantile Insurance Company of London & Edinburgh

94 N.Y.S. 488

CourtAppellate Terms of the Supreme Court of New York

DecidedJune 26, 1905

StatusPublished

This text of 94 N.Y.S. 488 (Platzer v. North British & Mercantile Insurance Company of London & Edinburgh) 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

Platzer v. North British & Mercantile Insurance Company of London & Edinburgh, 94 N.Y.S. 488 (N.Y. Ct. App. 1905).

Pincite

Opinion

PER CURIAM.

It seems the defendant excepted to a ruling by which plaintiff was allowed to put in evidence, over its objection, an affidavit made by the defendant’s counsel, in which appears the statement that defendant opposed the placing of the action upon the short-cause calendar. This affidavit was not relevant or material to any question at issue. The purpose of the plaintiff in offering it in evidence must have been to prejudice the jury unduly against the defendant. It may have had the desired effect.

The judgment will therefore be reversed, and a new trial granted, with costs to appellant to abide the event.

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PER CURIAM.

It seems the defendant excepted to a ruling by which plaintiff was allowed to put in evidence, over its objection, an affidavit made by the defendant’s counsel, in which appears the statement that defendant opposed the placing of the action upon the short-cause calendar. This affidavit was not relevant or material to any question at issue. The purpose of the plaintiff in offering it in evidence must have been to prejudice the jury unduly against the defendant. It may have had the desired effect.

The judgment will therefore be reversed, and a new trial granted, with costs to appellant to abide the event.

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Bluebook (online)

94 N.Y.S. 488, Counsel Stack Legal Research, https://law.counselstack.com/opinion/platzer-v-north-british-mercantile-insurance-company-of-london-nyappterm-1905.