Stanton v. Hennessy

New York Supreme Court

Stanton v. Hennessy

29 N.Y.S. 615, 78 Hun 287, 61 N.Y. St. Rep. 157

DecidedMay 14, 1894

StatusPublished

This text of 29 N.Y.S. 615 (Stanton v. Hennessy) is published on Counsel Stack Legal Research, covering New York Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Stanton v. Hennessy, 29 N.Y.S. 615, 78 Hun 287, 61 N.Y. St. Rep. 157 (N.Y. Super. Ct. 1894).

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Opinion

BROWN, P. J.

I concur in a reversal of this judgment; but I am of the opinion that the judgment roll in the action between plaintiff and defendant’s father was admissible in evidence to show that plaintiff had been subjected to the expense of an action in attempting to enforce the contract against defendant’s father. White v. Madison, 20 N. Y. 120, 129. The costs of that suit and the expense of counsel, etc., were elements of the plaintiff’s loss. That judgment, however, was entered upon a verdict of the jury, and it was plainly incompetent for plaintiff to attempt to give the reason for the verdict. Without his evidence on that subject, the case was destitute of any proof that defendant had made any false representations, and the complaint should! have been dismissed.

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BROWN, P. J.

I concur in a reversal of this judgment; but I am of the opinion that the judgment roll in the action between plaintiff and defendant’s father was admissible in evidence to show that plaintiff had been subjected to the expense of an action in attempting to enforce the contract against defendant’s father. White v. Madison, 20 N. Y. 120, 129. The costs of that suit and the expense of counsel, etc., were elements of the plaintiff’s loss. That judgment, however, was entered upon a verdict of the jury, and it was plainly incompetent for plaintiff to attempt to give the reason for the verdict. Without his evidence on that subject, the case was destitute of any proof that defendant had made any false representations, and the complaint should! have been dismissed.

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Bluebook (online)

29 N.Y.S. 615, 78 Hun 287, 61 N.Y. St. Rep. 157, Counsel Stack Legal Research, https://law.counselstack.com/opinion/stanton-v-hennessy-nysupct-1894.

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