Legal Opinion

Schaaf v. Thomas

Appellate Division of the Supreme Court of the State of New York

Decided January 15, 1934Published

1Opinion of the Court

Judgment affirmed, with costs. It was for the jury to determine what parts of the testimony of a given witness they would credit; to draw the inferences and determine what the parties intended by the language used which imperfectly or otherwise embodied the agreement. The jury were free to interpret the evidence to mean that the husband was not a party to the contract made by the wife for her own benefit and that the husband had no objection to the wife so contracting for her own separate account and estate. The record so viewed made competent the testimony of the husband, who makes no claim…

2Cases cited5 opinions

  1. Rosseau v. . RoussNew York Court of Appeals · 1904
  2. Stevens v. . CunninghamNew York Court of Appeals · 1905
  3. Adams v. HonnessNew York Supreme Court · 1872
  4. Lashaw v. CroissantNew York Supreme Court · 1895
  5. Perry v. BlumenthalAppellate Division of the Supreme Court of the State of New York · 1907

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