Love v. Hamel
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Ephraim Hamel, from a judgment of the County Court of Tompkins county in favor of the plaintiffs,, entered in the office of the clerk of the county of Tompkins on the-5th day of October, 1900, upon the verdict of a jury, and also from an order entered in said clerk’s office on the 5th day of October^. 1900, denying the defendant’s motion for a new trial made upon a case containing exceptions.
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Appeal by the defendant, Ephraim Hamel, from a judgment of the County Court of Tompkins county in favor of the plaintiffs,, entered in the office of the clerk of the county of Tompkins on the-5th day of October, 1900, upon the verdict of a jury, and also from an order entered in said clerk’s office on the 5th day of October^. 1900, denying the defendant’s motion for a new trial made upon a case containing exceptions. The action was commenced in a Justice’s Court of the county of Tompkins, where a judgment was rendered in favor of. the plain- . tiffs for $200 damages and costs. The defendant…
1Opinion of the Court
Chase, J.:
The trial court allowed the plaintiffs to give evidence of the •alleged oral agreement preceding and accompanying the execution of the written agreement, subject to the defendant’s objection that "the same was inadmissible to vary, modify or extend the written instrument. The writing executed-by the parties was a formal one, and it appears on its face to be a complete contract, expressing the full agreement by and between the parties. The plaintiffs ■ contend that the oral agreement in regard to maintaining another lunch wagon is a collateral and independent agreement, and that…
2Cited by5 opinions
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- Doolittle v. FitchettNew York Supreme Court · 1901
- McCaskey Register Co. v. Green, New York County Courts1908
- Voke v. ArcherAppellate Division of the Supreme Court of the State of New York · 1936