Ætna Life Insurance v. Pelham

Appellate Terms of the Supreme Court of New York

Ætna Life Insurance v. Pelham

52 Misc. 658, 102 N.Y.S. 461

CourtAppellate Terms of the Supreme Court of New York

DecidedJanuary 15, 1907

StatusPublished

This text of 52 Misc. 658 (Ætna Life Insurance v. Pelham) 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

Ætna Life Insurance v. Pelham, 52 Misc. 658, 102 N.Y.S. 461 (N.Y. Ct. App. 1907).

Pincite

Opinion

Blanchard, J.

The learned trial justice gave judgment for the plaintiff for fifty-one dollars and sixty-five cents upon the assumption, apparently, that the plaintiff was bound by a letter in which it claimed only that sum. But the plaintiff offered some proof tending to shbw that the letter erroneously stated the amount and, accordingly, judgment is reversed.

Gildersleeve and Dayton, JJ., concur.

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

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Blanchard, J.

The learned trial justice gave judgment for the plaintiff for fifty-one dollars and sixty-five cents upon the assumption, apparently, that the plaintiff was bound by a letter in which it claimed only that sum. But the plaintiff offered some proof tending to shbw that the letter erroneously stated the amount and, accordingly, judgment is reversed.

Gildersleeve and Dayton, JJ., concur.

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

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Bluebook (online)

52 Misc. 658, 102 N.Y.S. 461, Counsel Stack Legal Research, https://law.counselstack.com/opinion/tna-life-insurance-v-pelham-nyappterm-1907.