Walker v. Baermann
Appellate Division of the Supreme Court of the State of New York
Appeal from municipal court, borough of Brooklyn, Fifth district. Action by Mrs. Frank Walker against Jacob B. Baermann for damages for breach of contract. Judgment for plaintiff, and defendant appeals.
1Opinion of the CourtGoodrich, P. J.
This appeal is peculiar, in that the justice’s return did not contain any of the testimony, the stenographer's minutes having been lost or destroyed. For this reason we permitted the parties to submit affidavits as to the evidence offered at the trial, in pursuance of section 3056 of the Code of Civil Procedure. These affidavits have been furnished, and, while they are by no means as satisfactory as the stenographer’s minutes would have been, they are sufficient to enable us to determine that there was a conflict of evidence. The plaintiff alleged that the defendant, on July 1, 1899, engaged…
2Cited by1 opinion
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