Legal Opinion · Concurrence

Rothchild v. Schwarz

Appellate Terms of the Supreme Court of New York

Decided July 15, 1899Published

Appeal by the defendant from a judgment rendered in favor of the plaintiff in the Seventh District Municipal Court, borough of Manhattan.

1ConcurrenceMacLean, J.

I concur in the result for the reason, as given by the learned presiding justice, that the letter attributed to Wanamaker was, at best, the declaration of a third party and not binding upon the defendant, but I do not assent to the doctrine .last stated in the opinion, upon the authority of 84 Hun, 391.

Judgment reversed, new trial ordered, with costs to appellant to abide event.

2Cases cited1 opinion

  1. Farrelly v. HubbardNew York Supreme Court · 1895