Amsden v. Jacobs
New York Supreme Court
Appeal from circuit court, Monroe county. Action by Frank J. Amsden against George W. Jacobs to recover a balance alleged to be due on a contract for the purchase of wheat. From a judgment entered on a verdict in favor of plaintiff, defendant appeals.
1Dissent
Van Brunt, P. J.,
dissenting, claimed that the defendant was not injured by the exclusion of the evidence, for the reason that there was no proof showing that the plaintiff had a similar intention. It thus distinctly appears, not only from the concurring opinion of Daniels, J., but by the dissenting opinion of Van Brunt, P. J., that in order to render the evidence of any value it must be shown that the intention sought to be shown was known to the plaintiff. And in the case of Kenyon v. Luther, (Sup.) 4 N. Y. Supp. 498, Martin, J., in delivering the opinion of the court, says:
“While, In the…
2Cases cited1 opinion
- Kenyon v. LutherNew York Supreme Court · 1888