Bean v. Carleton
New York Supreme Court
Appeal from circuit court, Hew York county. Action by Fannie Bean against George W. Carleton and others. Defendants appeal from a judgment for plaintiff and an order denying a motion for a new trial.
1Opinion of the CourtBartlett, J.
This is an action to recover damages for an alleged breach of contract in regard to the publication of a book of which the plaintiff was author. On a previous appeal we held that, inasmuch as the written agreement did not purport to cover the entire contract between the parties, the omission might be supplied by oral testimony. Bean v. Carleton, 6 N. Y. St. Rep. 641. On the trial which resulted in the judgment now appealed from, such paroi testimony was admitted. The court clearly erred, however, in receiving the evidence of Mr. George H. Putnam, a publisher, to the effect that the written…
2Cases cited2 opinions
- Wakeman v. Wheeler & Wilson Manufacturing Co.New York Court of Appeals · 1886
- Carlson v. . Oceanic Steam Navigation Co.New York Court of Appeals · 1888
3Cited by5 opinions
- Ostrander v. SnyderNew York Supreme Court · 1893
- Meylert v. Gas Consumers' Benefit Co.New York Circuit Court · 1890
- Zabriskie v. Central Vermont RailroadNew York Supreme Court · 1891
- Meylert v. Gas Consumers' Benefit Co.New York Supreme Court · 1890
- McLoghlin v. National Mohawk Valley BankNew York Supreme Court · 1892