W. T. Merserau Co. v. Washburn
Appellate Division of the Supreme Court of the State of New York
' Appeal by the plaintiff, the "W. T. Merserau Company, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of New York on the 12th day of October, 1894, upon the dismissal of the complaint directed by the court after a trial before the court and a jury at the New York Circuit,' and also from an order entered in said clerk’s office on the 18th day of October, 1894, denying the plaintiff’s- motion for a. new trial…
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' Appeal by the plaintiff, the "W. T. Merserau Company, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of New York on the 12th day of October, 1894, upon the dismissal of the complaint directed by the court after a trial before the court and a jury at the New York Circuit,' and also from an order entered in said clerk’s office on the 18th day of October, 1894, denying the plaintiff’s- motion for a. new trial made upon the minutes. The complaint alleged that on June 22,1891, a contract was made between W.' T. Merserau & Co.,…
1Opinion of the Court
O’Brien, J.:
In view of this written agreement, we think the learned trial judge was right in striking out all parol evidence which tended to vary or contradict it, and we are thus left to consider the evidence upon the other branch of the case as to the effect of the defendant’s promise to pay the $400 remaining due to plaintiff’s assignors provided the latter would go on with the work. The complaint having been dismissed, the appellant is entitled to have the most favorable inferences drawn from the testimony, and if such would warrant a submission to the jury, it was error to dismiss.
Althoug…
2Cases cited6 opinions
- Mallory v. . GillettNew York Court of Appeals · 1860
- Leonard v. VredenburghNew York Supreme Court · 1811
- White v. . RintoulNew York Court of Appeals · 1888
- Farley v. ClevelandNew York Supreme Court · 1825
- Raabe v. . SquierNew York Court of Appeals · 1895
1 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Reisler v. SilbermintzAppellate Division of the Supreme Court of the State of New York · 1904
- Perry v. ErbAppellate Terms of the Supreme Court of New York · 1898
- Millard v. SteersAppellate Division of the Supreme Court of the State of New York · 1896
- Boeff v. RosenthalAppellate Terms of the Supreme Court of New York · 1902
- Boeff v. RosenthalCity of New York Municipal Court · 1902
1 more not listed; retrieve them via the Exa API.