Legal Opinion
Manhattan Guide Co. v. Gluck
Appellate Terms of the Supreme Court of New York
Decided December 15, 1906PublishedCited by 2 opinions
Appeal by the defendants from a judgment of the Municipal Court of the city of New York, sixth district, borough of Manhattan, rendered in favor of the plaintiff.
1Per curiam
Oral evidence, tending to establish an independent collateral agreement as a condition precedent to a contract becoming operative, is not evidence tending to vary or impeach a written instrument; and its exclusion constitutes reversible error. Benton v. Martin, 52 N. Y. 575; Burke v. Delaney, 153 U. S. 228.
Present: Gildersleeve, Fitzgerald and Davis, JJ.
Judgment reversed and new trial ordered, with costs to appellants to abide event.
2Cases cited1 opinion
- Burke v. DulaneySupreme Court of the United States · 1894
3Cited by2 opinions
- Continental Jewelry Co. v. IngelstromIdaho Supreme Court · 1926
- Ohl v. ColemanAppellate Terms of the Supreme Court of New York · 1908