Ives v. . Ellis
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered April 26, 1900, affirming a judgment in favor of defendants entered upon a verdict and an order denying a motion for a new trial. The nature of the action and the facts, so far as material, are stated in the opinions. The defendants were not entitled to judgment as matter of law.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered April 26, 1900, affirming a judgment in favor of defendants entered upon a verdict and an order denying a motion for a new trial. The nature of the action and the facts, so far as material, are stated in the opinions. The defendants were not entitled to judgment as matter of law. The issues as to the warranty and its breach were determinable by the jury, and the plaintiff’s exceptions are fatal to the judgment. (Ashworth v. Wells, 78 L. T. Rep. 136; 77 L. T. Rep. 691; Woodbury v.…
1Opinion of the Court
Parker, Ch. J.
That the letter of Mr. F. S. Ellis to Ellis and Elvey, introduced in evidence by the defendants, was hearsay and incompetent, is too clear to admit of debate. But it is urged that this error on the. part of the trial court should not lead to a reversal, because (a) it was so slight an error that it should be overlooked; (b) the court should be deemed to have cured the error by its instructions to the jury; (c) it bore only upon the issue, whether there was a breach of warranty, and as no express warranty was proved no harm could have resulted; (d) if there was evidence tending…
2Cases cited4 opinions
- Hopkins v. . ClarkNew York Court of Appeals · 1899
- Holmes v. . MoffatNew York Court of Appeals · 1890
- People v. . SchooleyNew York Court of Appeals · 1896
- Pollock v. . Pennsylvania Iron Works CompanyNew York Court of Appeals · 1898
3Cited by12 opinions
- People v. . SmithNew York Court of Appeals · 1902
- M. Groh's Sons v. . GrohNew York Court of Appeals · 1903
- Bank of State of N.Y. v. . South. Nat. BankNew York Court of Appeals · 1902
- Cudlip v. New York Evening Journal Publishing Co.New York Court of Appeals · 1903
- Dennis v. TishmanNew York Supreme Court · 1931
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