Institute of Educational Travel v. Binkerd
Appellate Terms of the Supreme Court of New York
Appeal by plaintiff from a judgment of the Municipal Court of the city of New York, borough of Manhattan, ninth district, entered after a trial before the court without a jury.
1Opinion of the CourtPendleton, J.
The action is brought by a corporation to recover from an agent funds alleged to be in his hands unaccounted for. The answer was a general denial. Defendant testified as to a credit of $65, to which he claimed to be entitled, and a payment of $200 on account, and admitted an indebtedness of $114. *326Plaintiff contends that there was error in admitting the testimony as to the two above items under the general -issue. As there was no objection made to the evidence on this ground, nor exception taken, this contention is not now available. At the trial defendant contended, and was allowed to amend…
2Cases cited5 opinions
- Turner v. CaruthersCalifornia Supreme Court · 1861
- Hall v. SouthwickSupreme Court of Minnesota · 1880
- North Baptist Church v. ParkerNew York Supreme Court · 1862
- Robinson v. RobinsonMissouri Court of Appeals · 1888
- Commissioners of Excise for City of New York v. PurdyNew York Supreme Court · 1861
3Cited by1 opinion
- Irving Trust Co. v. Climax Rubber Co.Court of Appeals for the Second Circuit · 1933