Epstein v. Cohen
Appellate Terms of the Supreme Court of New York
Appeal by the defendants from a judgment in favor of the plaintiffs, entered in the City Court of the city of New York..
1Opinion of the CourtLeventritt, J.
This case was tried and submitted to the jury on a theory not sanctioned by the pleadings. As the defendants preserved their rights by proper motions and exceptions, the variance is fatal and chills for a reversal.
The complaint alleges “ that on or about the 14th day of September, 1900, the plaintiffs * * * at the request of the defendants * * * > gave into the care and custody of these defendants a certain mare, which these defendants promised and agreed to return in the evening of the said date * * *; that the defendants have not returned * * ■* the said mare, although the plaintiffs…
2Cases cited4 opinions
- Northam v. Dutchess County Mutual InsuranceNew York Court of Appeals · 1903
- Absalon v. SickingerAppellate Division of the Supreme Court of the State of New York · 1905
- People Ex Rel. S. Cohn & Co. v. MillerNew York Court of Appeals · 1904
- Korn v. WeirAppellate Terms of the Supreme Court of New York · 1904