Springer v. Stevens

Appellate Terms of the Supreme Court of New York

Springer v. Stevens

149 N.Y.S. 905

CourtAppellate Terms of the Supreme Court of New York

DecidedNovember 19, 1914

StatusPublished

This text of 149 N.Y.S. 905 (Springer v. Stevens) 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

Springer v. Stevens, 149 N.Y.S. 905 (N.Y. Ct. App. 1914).

Pincite

Opinion

COHALAN, J.

Plaintiff sued for rental due. Defendant, pleading payment, proved delivery of a large number of checks to plaintiff. When the plaintiff undertook to show that some of these, checks had been by him applied to an alleged prior indebtedness of defendant to himself, the testimony was excluded, on the objection that such testimony was not admissible in rebuttal. But the purpose of this evidence was merely to rebut the defendant’s affirmative proof of payment, and as such was perfectly proper.

Order reversed, and a new trial granted, with costs to appellant to abide the event. All concur.

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COHALAN, J.

Plaintiff sued for rental due. Defendant, pleading payment, proved delivery of a large number of checks to plaintiff. When the plaintiff undertook to show that some of these, checks had been by him applied to an alleged prior indebtedness of defendant to himself, the testimony was excluded, on the objection that such testimony was not admissible in rebuttal. But the purpose of this evidence was merely to rebut the defendant’s affirmative proof of payment, and as such was perfectly proper.

Order reversed, and a new trial granted, with costs to appellant to abide the event. All concur.

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Bluebook (online)

149 N.Y.S. 905, Counsel Stack Legal Research, https://law.counselstack.com/opinion/springer-v-stevens-nyappterm-1914.