Hull v. . Littauer
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered July 7, 1896, affirming a judgment in favor of defendants entered upon a verdict directed by the court. The nature of the action and the facts, so far as material, are stated in the opinion. The direction of a verdict on the uncorroborated testimony of a party, or one interested in the event, is error.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered July 7, 1896, affirming a judgment in favor of defendants entered upon a verdict directed by the court. The nature of the action and the facts, so far as material, are stated in the opinion. The direction of a verdict on the uncorroborated testimony of a party, or one interested in the event, is error. (Kavanagh v. Wilson, 70 N. Y. 177; Leavitt v. Dodge, 41 N. Y. S. R. 581; Honegger v. Wettstein, 94 N. Y. 252; Spingarm v. Rosenfeld, 4 Misc. Rep. 523; Stone v. Flower, 47 N. Y. 566;…
1Opinion of the CourtGray, J.
The issue between the parties was whether there had been an entire contract for the sale of 20,609 feet of a certain description of dressed leather, known as “ yellow kip,” as alleged by the defendants in their answer to the complaint. The plaintiff had sued the defendants as upon a sale and delivery to them, at the agreed price of seven cents per foot, of the leather which he had on hand at a certain date, amounting to 15,164 feet. If the agreement for the sale of the leather was as claimed by the defendants, then the failure to perform it by the delivery of the full amount was a perfect…
2Cases cited2 opinions
- Lomer v. . MeekerNew York Court of Appeals · 1862
- Kelly v. . BurroughsNew York Court of Appeals · 1886
3Cited by144 opinions
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- Piwowarski v. CornwellNew York Court of Appeals · 1937
- Madeirense Do Brasil S/A v. Stulman-Emrick Lumber Co.Court of Appeals for the Second Circuit · 1945
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