Root v. Gallanner

Appellate Terms of the Supreme Court of New York

Root v. Gallanner

30 Misc. 799, 63 N.Y.S. 1115

CourtAppellate Terms of the Supreme Court of New York

DecidedMarch 15, 1900

StatusPublished

This text of 30 Misc. 799 (Root v. Gallanner) 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

Root v. Gallanner, 30 Misc. 799, 63 N.Y.S. 1115 (N.Y. Ct. App. 1900).

Pincite

Opinion

Per Curiam.

The jury not being bound to credit either defendant or his wife, could have found in the circumstances sufficient to warrant a finding of performance on the part of the plaintiff.

The verdict should, therefore, not be disturbed. Some irrelevant evidence was admitted, but in view of its substance we believe the defendant was not prejudiced.

Present: Truax, P. J.; Scott and Dugro, JJ.

Judgment affirmed, with costs.

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Per Curiam.

The jury not being bound to credit either defendant or his wife, could have found in the circumstances sufficient to warrant a finding of performance on the part of the plaintiff.

The verdict should, therefore, not be disturbed. Some irrelevant evidence was admitted, but in view of its substance we believe the defendant was not prejudiced.

Present: Truax, P. J.; Scott and Dugro, JJ.

Judgment affirmed, with costs.

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Bluebook (online)

30 Misc. 799, 63 N.Y.S. 1115, Counsel Stack Legal Research, https://law.counselstack.com/opinion/root-v-gallanner-nyappterm-1900.