Berg v. Carroll
New York Court of Common Pleas
Appeal from fifth district court. Action by Isaac Berg, plaintiff, against Joseph W. Carroll, defendant, to recover damages for breach of contract of employment. From a judgment for plaintiff defendant appeals. For former report, see 9 ÍT. Y. Supp. 509.
1Opinion of the CourtBischoff, J.
Only one of the grounds urged for reversal of the judgment appealed from is of sufficient importance to merit discussion,—that relating to the exclusion of secondary evidence of the letter alleged to have been written and sent by plaintiff’s assignor to the defendant on July 23, 1890, and to have been returned by the defendant. This, upon examination, proves of no avail to appellant. It was not attempted to show, or was it even claimed, that the alleged letter was at any time in the possession or control of the plaintiff. The service of a notice to produce it upon him was therefore wholly…
2Cases cited3 opinions
- Renner v. Bank of ColumbiaSupreme Court of the United States · 1824
- Kearney v. . Mayor, Etc., of City of N.Y.New York Court of Appeals · 1883
- Mason v. . LibbeyNew York Court of Appeals · 1882
3Cited by2 opinions
- Dearing v. PearsonNew York Court of Common Pleas · 1894
- Van Doren v. JelliffeNew York Court of Common Pleas · 1892