Legal Opinion · Dissent

Addison v. Enoch

Appellate Division of the Supreme Court of the State of New York

Decided February 15, 1900Published

Appeal by the defendants, Rosa Enoch and another, from a judgment of 'the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 2d day of October, 1899, upon the decision of the court rendered after a trial at the New York Special Term.

1Dissent

McLaughlin, J. (dissenting):

I cannot concur in the conclusion reached by Mr. Justice Ingraham in this case. It seems to me he not only entirely overlooks what, the parties consented to try, irrespective of the pleadings in the action, but he also overlooks the testimony of the witnesses as to the consideration of the instrument set out in the complaint.

*115The action, it will be remembered, was originally commenced against the present defendants and one Leopold Redelsheimer, as president of the Grand Lodge, District No. 1, Order Iiesher Shel Barzel. Redelsheimer admitted the liability of the…

2Cases cited1 opinion

  1. Mech. Farmers' Bank of Albany v. . WixsonNew York Court of Appeals · 1870

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