Campbell v. Jimenes
New York Court of Common Pleas
Appeal from city court, general term. Action by Bernard Campbell against Juan Y. Jimenes and others. From a judgment (25 N. Y. Supp. 1143, mem.) affirming a judgment entered on a verdict in favor of plain tiff, and an order denying motion for new trial, defendants appeal. Reversed.
1Opinion of the CourtBookstayer, J.
This is the second appeal to this court in this case. After hearing the very careful argument of counsel on both sides, and- considering their briefs, we see no reason whatever to change our view of the law laid down upon the former appeal, (Campbell v. Jimenes, 23 N. Y. Supp. 333,) which was to the effect that where the intention of the parties to a written contract is intelligible upon the face of the instrument, extrinsic proof of its meaning is inadmissible, and its construction is for the court alone; but where the terms of a contract are so obscure or ambiguous as not to be understood…
2Cases cited2 opinions
- Harper v. HassardMassachusetts Supreme Judicial Court · 1873
- Campbell v. JimenesNew York Court of Common Pleas · 1893
3Cited by2 opinions
- Henry v. AgostiniNew York Court of Common Pleas · 1895
- Smidt v. DessarNew York Court of Common Pleas · 1895