Van Mater v. Burns
New York Supreme Court
Appeal from circuit court, Kings county. Action by Holmes Van Mater against Jabez Burns, Jr., and Robert Burns, surviving partners of Jabez Burns, deceased, to recover 1352, with interest, the amount claimed to be due to plaintiff by reason of an advertisement inserted for defendants in a paper called the Foreign Trade Gazette, which claim was assigned to plaintiff.
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Appeal from circuit court, Kings county. Action by Holmes Van Mater against Jabez Burns, Jr., and Robert Burns, surviving partners of Jabez Burns, deceased, to recover 1352, with interest, the amount claimed to be due to plaintiff by reason of an advertisement inserted for defendants in a paper called the Foreign Trade Gazette, which claim was assigned to plaintiff. From a judgment entered in favor of plaintiff, and from an order denying a motion for a new trial, defendants appeal. Affirmed.
1Opinion of the CourtPratt, J.
The appellants do not claim that any error of law was committed by the court below, but ask that the verdict be set aside upon the sole ground that it is contrary to the weight of evidence. One answer to the application is that it is based entirely upon the testimony of one of the defendants, and it is well settled that, even where the testimony of a party is uncontradicted, his interest in the result makes its credibility a,question for the jury. Goldsmith v. Coverly, (Sup.) reported in 27 N. Y. Supp. 116, lays down that rule, citing Honegger v. Wettstein, 94 N. Y. 261; Wohlfahrt v. Beckert,…
2Cases cited5 opinions
- Thomas v. . ScuttNew York Court of Appeals · 1891
- Elwood v. . the Western Union Telegraph Co.New York Court of Appeals · 1871
- Kavanagh v. . WilsonNew York Court of Appeals · 1877
- Honegger v. . WettsteinNew York Court of Appeals · 1883
- Goldsmith v. CoverlyNew York Supreme Court · 1894
3Cited by3 opinions
- McCammon v. ShantzAppellate Division of the Supreme Court of the State of New York · 1900
- McGammon v. ShantzAppellate Division of the Supreme Court of the State of New York · 1900
- Ham v. GilmoreNew York Supreme Court · 1894