Healy v. Malcolm
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Janet T. Malcolm, as executrix, etc., of James F. Malcolm, deceased, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Hew York on the 30th day of June, 1904, upon the verdict of a jury, and also from an order entered in said clerk’s office on the 14th day of January, 1904, denying the defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Patterson, J.:
It is unfortunate that the judgment in this case must be again reversed for an error in the admission of evidence. The facts have been so fully considered on two previous appeals (66 App. Div. 501; 77 id. 71) that it is unnecessary now to refer to them at length.
On both of the prior appeals it was considered that the question for the jury was, whether the contract sued upon was for a definite term from the first of June to the first of November. On the third *371trial the plaintiff again had a verdict and the defendant appeals from the judgment entered thereon.
On the last trial…
2Cases cited3 opinions
- Pinney v. . OrthNew York Court of Appeals · 1882
- Healy v. MalcolmAppellate Division of the Supreme Court of the State of New York · 1901
- Walsh v. McArdleNew York Supreme Court · 1894
3Cited by1 opinion
- Bloodgood v. ShortAppellate Terms of the Supreme Court of New York · 1906