Williams v. Williams

Appellate Terms of the Supreme Court of New York

Williams v. Williams

21 Misc. 2d 257, 199 N.Y.S.2d 740, 1959 N.Y. Misc. LEXIS 2353

CourtAppellate Terms of the Supreme Court of New York

DecidedDecember 18, 1959

StatusPublished

This text of 21 Misc. 2d 257 (Williams v. Williams) 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

Williams v. Williams, 21 Misc. 2d 257, 199 N.Y.S.2d 740, 1959 N.Y. Misc. LEXIS 2353 (N.Y. Ct. App. 1959).

Pincite

Opinion

Per Curiam.

The dismissal of the defendant’s first affirmative defense was error prejudicial to defendant’s case. In view of the confidential relationship of the parties, oral evidence was admissible on the question whether, at the time the note was executed, the plaintiff wife agreed to be jointly liable thereon (Matter of Faigelman, 142 Misc. 167; cf. Foreman v. Foreman, [258]*258251 N. Y. 237); and this question was one of fact for the jury to pass upon.

The judgment should be unanimously reversed on the law and facts and a new trial ordered, with $30 costs to d ffendant to abide the event.

Concur — Pettb, Di Giovanna and Brown, JJ.

Judgment reversed, etc.

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