Smith v. Palmer

Appellate Terms of the Supreme Court of New York

Smith v. Palmer

32 Misc. 737, 66 N.Y.S. 1145

CourtAppellate Terms of the Supreme Court of New York

DecidedNovember 15, 1900

StatusPublished

This text of 32 Misc. 737 (Smith v. Palmer) 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

Smith v. Palmer, 32 Misc. 737, 66 N.Y.S. 1145 (N.Y. Ct. App. 1900).

Pincite

Opinion

Per Curiam.

The record discloses no conflict of evidence, except as to the alleged special agreement about the rate at which visits were to he charged for. Upon the uncontradicted evidence the plaintiff was entitled to receive something. No special defenses were pleaded and none can, therefore, he availed of. The defendant did not make the objection on the trial that the hook of original entries was not produced. If she had the plaintiff might have produced it.

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

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

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

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Per Curiam.

The record discloses no conflict of evidence, except as to the alleged special agreement about the rate at which visits were to he charged for. Upon the uncontradicted evidence the plaintiff was entitled to receive something. No special defenses were pleaded and none can, therefore, he availed of. The defendant did not make the objection on the trial that the hook of original entries was not produced. If she had the plaintiff might have produced it.

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

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

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

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Bluebook (online)

32 Misc. 737, 66 N.Y.S. 1145, Counsel Stack Legal Research, https://law.counselstack.com/opinion/smith-v-palmer-nyappterm-1900.