Lynch v. Figge
Appellate Division of the Supreme Court of the State of New York
Appeal by defendant, Alexander H. Figge, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Kings on the 15th day of April, 1921, upon the verdict of a jury, and also from an order, entered in said clerk’s office on the 16th day of April, 1921, denying defendant’s motion for a new trial made upon the minutes.
1Concurrence
Kelly, J.:
I concur to reverse the judgment and order appealed from for error in .the charge of the learned trial justice as to the burden of proof in relation to the release and in his refusal to charge the eleventh request. I concur with Jaycox, J., in his opinion upon that branch of the case. I am also of opinion that the trial justice erred in charging the jury at request of plaintiff’s counsel that they were not to draw any inference as to the truth of the facts inquired about (to wit, plaintiff’s relations with Doolittle and Dewey) from the refusal of the two parties named to answer…
2Cases cited1 opinion
- Lynch v. FiggeAppellate Division of the Supreme Court of the State of New York · 1920