Abrams v. Manhattan Consumers' Brewing Co.
Appellate Terms of the Supreme Court of New York
Appeal from City Court of New York, Trial Term. Action by Joseph M. Abrams against the Manhattan Consumers’ Brewing Company. From a judgment for plaintiff, and from an order denying a new trial, defendant appeals.
1Opinion of the CourtFitzgerald, J.
Conceding that there is sufficient evidence in this record to support thé verdict, a proposition not entirely free from doubt, the judgment must nevertheless be set aside for error in allowing in evidence, against defendant’s objection, the paper marked “Plaintiff’s Exhibit A,” to which ruling an exception was duly taken. The issue litigated upon the trial was: Did the defendant, by oral contract, agree to pay the plaintiff commissions upon defendant’s sales to a customer named Oscherin? And the paper in question (plaintiff’s exhibit A) is a prior written contract between the same parties, by…
2Cases cited5 opinions
- People v. . KoernerNew York Court of Appeals · 1897
- McLoghlin v. National Mohawk Valley BankNew York Court of Appeals · 1893
- Baldinger v. LevineAppellate Division of the Supreme Court of the State of New York · 1903
- Molt v. BaumannAppellate Division of the Supreme Court of the State of New York · 1901
- Molt v. BaumannAppellate Division of the Supreme Court of the State of New York · 1901