Lyon v. Brown
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Mary Brown, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 22-d day of November, 1897, upon the verdict of a jury, and also from an order entered in said clerk’s office on the 15th day of November, 1897, denying the defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Patterson, J. :
There are errors in the admission of evidence in this action for which the judgment must be reversed. The plaintiff’s recovery was had upon the first cause of action set out in the complaint, it being for the balance of a sum of money alleged to be due on a sale by the plaintiff to the defendant of 650 shares of the Midvale Mining Company at the price of $2,500, which, it is alleged, the defendant promised and agreed to pay to the plaintiff. A credit of $500 on account is given in the complaint. On the trial of the cause the plaintiff’s own testimony showed that he never had…
2Cited by2 opinions
- Lyon v. BrownAppellate Division of the Supreme Court of the State of New York · 1898
- Sanford v. Fountain, New York County Courts1906