Schmarder v. Mix

Appellate Division of the Supreme Court of New York

Schmarder v. Mix

80 N.Y.S. 1147

CourtAppellate Division of the Supreme Court of the State of New York

DecidedJanuary 27, 1903

StatusPublished

This text of 80 N.Y.S. 1147 (Schmarder v. Mix) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Schmarder v. Mix, 80 N.Y.S. 1147 (N.Y. Ct. App. 1903).

Pincite

Opinion

PER CURIAM.

Judgment and order affirmed, with costs. Held, that the defective allegations of the complaint were cured by amendment properly made upon the trial; that upon the case made by the plaintiff the defendants, Mix and Leonard, are liable; that the circular, Exhibit 8, received as against Mix, was competent as evidence of the contents of similar advertising matter, which Mix testifies he had sent out, which advertising matter does not appear to have been sent out subsequent to the transactions had with the plaintiff and her assignors.

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PER CURIAM.

Judgment and order affirmed, with costs. Held, that the defective allegations of the complaint were cured by amendment properly made upon the trial; that upon the case made by the plaintiff the defendants, Mix and Leonard, are liable; that the circular, Exhibit 8, received as against Mix, was competent as evidence of the contents of similar advertising matter, which Mix testifies he had sent out, which advertising matter does not appear to have been sent out subsequent to the transactions had with the plaintiff and her assignors.

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Bluebook (online)

80 N.Y.S. 1147, Counsel Stack Legal Research, https://law.counselstack.com/opinion/schmarder-v-mix-nyappdiv-1903.