Newhall v. . Appleton
New York Court of Appeals
Appeal from judgment of the General Term of the Superior Court of the city of New York, entered upon an order made May 25, 1883, which affirmed a judgment in.favor of defendants, entered upon the report of a referee. (Reported below, 17 J: & S. 238.) This action Avas upon a contract, the nature of Avhich and the facts so far as material to the question discussed are stated in the opinion.
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Appeal from judgment of the General Term of the Superior Court of the city of New York, entered upon an order made May 25, 1883, which affirmed a judgment in.favor of defendants, entered upon the report of a referee. (Reported below, 17 J: & S. 238.) This action Avas upon a contract, the nature of Avhich and the facts so far as material to the question discussed are stated in the opinion. The admission of defendants’ private books of account as evidence in their own favor was fatal error. It is clearly incompetent to allow a party to prove his own declarations while performing ail agreement,…
1Opinion of the CourtAndrews, J.
By the terms of the oral contract, as testified to by the plaintiff, and as found by the referee, the plaintiff was to be paid $4 an order, for subscriptions obtained by him for the serials, Picturesque Europe and Turner’s Gallery, pub lislied by the defendants. The plaintiff claimed that by the true interpretation of the contract, he was entitled to $4, for every bona fide subscription obtained. It was insisted on the other hand by the defendants that the contract meant that the plaintiff was to receive $4, for every good or proved subscription, meaning thereby a subscription upon which at…
2Cited by9 opinions
- Newhall v. . AppletonNew York Court of Appeals · 1889
- Cummings v. Pennsylvania Fire InsuranceSupreme Court of Iowa · 1912
- Hart-Parr Co. v. Krizan MalerCourt of Appeals of Texas · 1919
- State v. EvansSupreme Court of Kansas · 1925
- Henry v. AgostiniNew York Court of Common Pleas · 1895
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