Schaaf v. Chotzen

Appellate Terms of the Supreme Court of New York

Schaaf v. Chotzen

85 N.Y.S. 1026

CourtAppellate Terms of the Supreme Court of New York

DecidedJanuary 7, 1904

StatusPublished

This text of 85 N.Y.S. 1026 (Schaaf v. Chotzen) 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

Schaaf v. Chotzen, 85 N.Y.S. 1026 (N.Y. Ct. App. 1904).

Pincite

Opinion

PER -CURIAM.

The plaintiff sued upon a contract and alleged performance. Instead of proving performance, as the law required him to do, he proves sickness as an excuse for nonperformance. Judgment was rendered for the plaintiff upon the ground that he had complied with the obligations of his contract. The judgment is clearly against the weight of evidence, and violates a well-settled rule of law.

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

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PER -CURIAM.

The plaintiff sued upon a contract and alleged performance. Instead of proving performance, as the law required him to do, he proves sickness as an excuse for nonperformance. Judgment was rendered for the plaintiff upon the ground that he had complied with the obligations of his contract. The judgment is clearly against the weight of evidence, and violates a well-settled rule of law.

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

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Bluebook (online)

85 N.Y.S. 1026, Counsel Stack Legal Research, https://law.counselstack.com/opinion/schaaf-v-chotzen-nyappterm-1904.