Curtiss v. . Jebb
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered March 16,. 1910, unanimously affirming a judgment in favor of plaintiff entered upon a verdict in an action to recover money alleged to have been paid under fraudulent representations.
1Per curiam
Upon this appeal there are only two questions that survive the unanimous affirmance by the Appellate Division. One relates to the, exclusion of certain testimony offered by the defendant, and the other arises upon the form of the judgment entered in favor of the plaintiff. As to the first of these questions we have only to say that since the trial court, upon defendant’s objection, had previously excluded similar evidence offered by the plaintiff, the ruling excepted to by the defendant was clearly right.
As to the form of the judgment we hold that under no rule of practice is there any…
2Cited by3 opinions
- In re KalkDistrict Court, N.D. New York · 1921
- Wilson & Co. v. HershkowitzAppellate Terms of the Supreme Court of New York · 1937
- Metropolitan Commercial Corp. v. SchefflerAppellate Division of the Supreme Court of the State of New York · 1934