Tichnor Bros. v. Barley
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Samuel M. Barley, from a judgment of the County Court of Nassau county in favor of the plaintiff, entered in the office of the clerk of said county on the 28th day of June, 1911, pursuant to an order of said County Court entered in said clerk’s office on the same day, reversing a judgment of a Justice’s Court in favor of the defendant, and also (as stated in said notice of appeal) from the said order directing the entry of the judgment appealed from.
1Opinion of the Court
Jenks, P. J.:
The County Court reversed the judgment of the Justice’s Court on questions of law. The learned judge wrote a commendable opinion (72 Misc. Rep. 638) upon the law of the case, but we think he erred when he excised all testimony as to a return of the goods. The opinion reads: “ The justice erred in refusing to strike out ” certain testimony of the plaintiff, “ and as this testimony is the only evidence in the case given to establish the defense of rescission, the error is material, ” and also that “ the only ground upon which the judgment could be sustained would be that there was…
2Cases cited1 opinion
3Cited by2 opinions
- People v. Dunbar Contracting Co.Appellate Division of the Supreme Court of the State of New York · 1914
- Feinman v. WeilAppellate Terms of the Supreme Court of New York · 1918