Legal Opinion

Elias v. Coleman & Krause, Inc.

Appellate Terms of the Supreme Court of New York

Decided December 4, 1914PublishedCited by 1 opinion

Appeal from City Court of New York, Trial Term. Action by Joseph Elias against Coleman & Krause, Incorporated. From a judgment dismissing the complaint at the close of plaintiff’s case, plaintiff appeals. Reversed, and new trial granted.

1Opinion of the CourtBijur, J.

The only question presented by this appeal is whether the learned judge below erroneously excluded certain proof offered by the plaintiff. The latter, in order to prove substantial performance of an agreement to deliver to defendant, under the terms of a contract, certain glass (called “lights”) which were placed in sash, offered three réceipts calling, respectively, for certain quantities of lights. These receipts are marked, in the present trial, Plaintiff’s Exhibits C, F, and N, respectively. Plaintiff then offered in evidence extracts from the minutes of the previous trial, which…

2Cases cited2 opinions

  1. Clason v. . BaldwinNew York Court of Appeals · 1897
  2. Owen v. . CawleyNew York Court of Appeals · 1867

3Cited by1 opinion

  1. Elias v. Coleman & KrauseCity of New York Municipal Court · 1915

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