Stevenson v. Opoznauer

Appellate Terms of the Supreme Court of New York

Stevenson v. Opoznauer

157 N.Y.S. 147

CourtAppellate Terms of the Supreme Court of New York

DecidedFebruary 10, 1916

StatusPublished

This text of 157 N.Y.S. 147 (Stevenson v. Opoznauer) 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

Stevenson v. Opoznauer, 157 N.Y.S. 147 (N.Y. Ct. App. 1916).

Pincite

Opinion

BIJUR, J.

The only question involved on this appeal is whether defendant was properly permitted to introduce evidence of an alleged custom of the trade to employ salesmen only from year to year, in face of the express unambiguous contract testified to by the plaintiff that he was employed for a specified period. It is not necessary to cite authorities for the well-established rule that the admission of such evidence was, under the circumstances, error which prejudiced the plaintiff’s case.

Judgment reversed, and new trial granted, with $30 costs to appellant to abide the event. All concur.

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BIJUR, J.

The only question involved on this appeal is whether defendant was properly permitted to introduce evidence of an alleged custom of the trade to employ salesmen only from year to year, in face of the express unambiguous contract testified to by the plaintiff that he was employed for a specified period. It is not necessary to cite authorities for the well-established rule that the admission of such evidence was, under the circumstances, error which prejudiced the plaintiff’s case.

Judgment reversed, and new trial granted, with $30 costs to appellant to abide the event. All concur.

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Bluebook (online)

157 N.Y.S. 147, Counsel Stack Legal Research, https://law.counselstack.com/opinion/stevenson-v-opoznauer-nyappterm-1916.