Ruppel v. Donohue

City of New York Municipal Court

Ruppel v. Donohue

10 N.Y.S. 100, 32 N.Y. St. Rep. 231, 1890 N.Y. Misc. LEXIS 1981

CourtCity of New York Municipal Court

DecidedMay 26, 1890

StatusPublished

Cited by2 cases

This text of 10 N.Y.S. 100 (Ruppel v. Donohue) is published on Counsel Stack Legal Research, covering City of New York Municipal Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Ruppel v. Donohue, 10 N.Y.S. 100, 32 N.Y. St. Rep. 231, 1890 N.Y. Misc. LEXIS 1981 (N.Y. Super. Ct. 1890).

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Opinion

Per Curiam:.

We think the question should have gone to the jury to determine whether the fats delivered to the defendant were sold to him in the ordinary way, or whether they were delivered in performance of an agreement that it was to go in payment of the debt owing by the husband to the defendant. It was a mode of paying his debt which, if assented to,—and the proof shows it was,—is open to no legal objection. For this reason, and for error [101]*101in excluding evidence tending to prove this agreement, the judgment must be reversed, and a new trial ordered, with costs to the appellant to abide the event.

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Per Curiam:.

We think the question should have gone to the jury to determine whether the fats delivered to the defendant were sold to him in the ordinary way, or whether they were delivered in performance of an agreement that it was to go in payment of the debt owing by the husband to the defendant. It was a mode of paying his debt which, if assented to,—and the proof shows it was,—is open to no legal objection. For this reason, and for error [101]*101in excluding evidence tending to prove this agreement, the judgment must be reversed, and a new trial ordered, with costs to the appellant to abide the event.

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Bluebook (online)

10 N.Y.S. 100, 32 N.Y. St. Rep. 231, 1890 N.Y. Misc. LEXIS 1981, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ruppel-v-donohue-nynyccityct-1890.

Opinion

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