Werle v. Rumsey

New York Court of Appeals

Werle v. Rumsey

15 N.E.2d 572, 278 N.Y. 186, 1938 N.Y. LEXIS 1286

CourtNew York Court of Appeals

DecidedMay 24, 1938

StatusPublished

Cited by4 cases

This text of 15 N.E.2d 572 (Werle v. Rumsey) is published on Counsel Stack Legal Research, covering New York Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Werle v. Rumsey, 15 N.E.2d 572, 278 N.Y. 186, 1938 N.Y. LEXIS 1286 (N.Y. 1938).

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Opinion

Per Curiam.

The complaint was dismissed at the close of the plaintiff’s case. As the record stood there was testimony from which the jury might believe that the plaintiff consulted the defendants concerning the danger of the defense of usury, that there was a lack of due care in advising only the obtaining of an estoppel certificate and the plaintiff suffered a loss in consequence thereof. Thus a prima facie case was made out raising issues of fact for the jury. The defendants, however, are entitled to present evidence in explanation or denial of this testimony.

The judgments should be reversed and new trial granted, with costs to abide the event.

Crane, Ch. J., Lehman, O’Brien, Hubbs, Loughran, Finch and Rippey, JJ., concur.

Judgments reversed, etc. '

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Per Curiam.

The complaint was dismissed at the close of the plaintiff’s case. As the record stood there was testimony from which the jury might believe that the plaintiff consulted the defendants concerning the danger of the defense of usury, that there was a lack of due care in advising only the obtaining of an estoppel certificate and the plaintiff suffered a loss in consequence thereof. Thus a prima facie case was made out raising issues of fact for the jury. The defendants, however, are entitled to present evidence in explanation or denial of this testimony.

The judgments should be reversed and new trial granted, with costs to abide the event.

Crane, Ch. J., Lehman, O’Brien, Hubbs, Loughran, Finch and Rippey, JJ., concur.

Judgments reversed, etc. '

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Bluebook (online)

15 N.E.2d 572, 278 N.Y. 186, 1938 N.Y. LEXIS 1286, Counsel Stack Legal Research, https://law.counselstack.com/opinion/werle-v-rumsey-ny-1938.

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