Des Marets v. H. Ward Leonard & Co.
New York Court of Common Pleas
Appeal from trial term. Action by Ernest A. Des Marets against H. Ward Leonard & Co., a foreign corporation, for commissions claimed for procuring a contract to install an electric plant. From a judgment entered on a verdict in favor of plaintiff, and from an order denying a motion for a new trial, defendant appeals.
1Opinion of the Court
DALY, 0. J.
The alleged error to which the exception was directed was not committed by the trial judge. The exception was “to that part of the charge wherein it is charged. that the witnesses of the defendant are all interested,” whereas the remark of the judge was “there is interest on the part of the plaintiff, and interest also on the part of the defendant and its witnesses.” But, if the exception raises the question as to the correctness of the charge, then there is no error, because one of the defendant’s witnesses was its president, and might be considered interested on that account…
2Cases cited2 opinions
- Goldsmith v. CoverlyNew York Supreme Court · 1894
- Merrill v. . Consumers' Coal Co.New York Court of Appeals · 1889
3Cited by2 opinions
- Leonard v. Brooklyn Heights RailroadAppellate Division of the Supreme Court of the State of New York · 1901
- Wagner v. H. Herrmann Lumber Co.Appellate Terms of the Supreme Court of New York · 1910