Queens & Nassau Delivery Corp. v. Railway Express Agency

Appellate Terms of the Supreme Court of New York

Queens & Nassau Delivery Corp. v. Railway Express Agency

152 Misc. 299, 273 N.Y.S. 199, 1934 N.Y. Misc. LEXIS 1459

CourtAppellate Terms of the Supreme Court of New York

DecidedJuly 3, 1934

StatusPublished

This text of 152 Misc. 299 (Queens & Nassau Delivery Corp. v. Railway Express Agency) 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

Queens & Nassau Delivery Corp. v. Railway Express Agency, 152 Misc. 299, 273 N.Y.S. 199, 1934 N.Y. Misc. LEXIS 1459 (N.Y. Ct. App. 1934).

Pincite

Opinion

Per Curiam.

Declarations of an agent (defendant’s chauffeur) not made at the time of the act, and which are not spontaneous utterances or exclamations, are not part of the res gestee and their admission in evidence constitutes prejudicial and reversible error.

Judgment reversed and a new trial ordered, with thirty dollars costs to appellant to abide the event.

All concur; present, Callahan, Frankenthaler and Shientag, JJ.

Free access — add to your briefcase to read the full text and ask questions with AI

Per Curiam.

Declarations of an agent (defendant’s chauffeur) not made at the time of the act, and which are not spontaneous utterances or exclamations, are not part of the res gestee and their admission in evidence constitutes prejudicial and reversible error.

Judgment reversed and a new trial ordered, with thirty dollars costs to appellant to abide the event.

All concur; present, Callahan, Frankenthaler and Shientag, JJ.

Cite This Page — Counsel Stack

Bluebook (online)

152 Misc. 299, 273 N.Y.S. 199, 1934 N.Y. Misc. LEXIS 1459, Counsel Stack Legal Research, https://law.counselstack.com/opinion/queens-nassau-delivery-corp-v-railway-express-agency-nyappterm-1934.