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Reports of Cases Heard and Determined in the Appellate Division of the Supreme Court of the State of New York Volume . 150

Reports of Cases Heard and Determined in the Appellate Division of the Supreme Court of the State of New York Volume . 150


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About the Book

This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1912 edition. Excerpt: ... outset, how his acquaintanceship began, and he related to you the various occurrences. It is in the case, but it does not bear upon the material questions which I have already called your attention to; Whether he should have testified to the facts or not, and whether ethically or morally there was justification for it is for him, but as I stated to you it is not to prejudice him upon the question whether the contract was made. It is in the case, and you may consider it as bearing upon the probability of his story or upon the story of Mrs. Taylor. Disbelieve it or credit it as you will, but give it no more weight than the justice of the case demands, because' the question always is, was this promise made, or was this request made because of the condition of Stanley? Historically it may bear on the probabilities, but it is all for you and for no one else." We cannot avoid the conclusion that this testimony was extremely harmful and presented to the jury an improper collateral issue which, under the circumstances of this case, might well have determined the verdict. Without considering any of the other matters presented, we think the judgment and order should be reversed and a new trial ordered, with costs to the appellant toabide the event. INGRAHAM, P. J., and Scorr, J., concurred; MCLAUGHLIN and DOWLING, J J., dissented. APP. D1v.--Von. CL. 33 DOWLING, J. (dissenting): I dissent upon the ground that where the issue is the making of a contract involving the rendering of services upon one side and payment therefor upon the other, testimony as to the relationship of the parties, by consanguinity or otherwise, is relevant to that issue as bearing upon the probability of the making of the contract alleged, and particularly is that...


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Product Details
  • ISBN-13: 9781130473087
  • Publisher: Rarebooksclub.com
  • Publisher Imprint: Rarebooksclub.com
  • Height: 246 mm
  • No of Pages: 408
  • Spine Width: 21 mm
  • Width: 189 mm
  • ISBN-10: 1130473082
  • Publisher Date: 13 Sep 2013
  • Binding: Paperback
  • Language: English
  • Returnable: N
  • Weight: 726 gr


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Reports of Cases Heard and Determined in the Appellate Division of the Supreme Court of the State of New York Volume . 150
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Reports of Cases Heard and Determined in the Appellate Division of the Supreme Court of the State of New York Volume . 150
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