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20 Misc. 697

Krauss v. Abeles

City of New York Municipal Court

Decided July 15, 1897

City of New York Municipal Court · decided 1897-07-15

<p>Testimony of a party not discredited by interest.</p> <p>The interest of the plaintiff, in a controversy, will not prevent his recovery upon his contention, notwithstanding the fact that no persons were present at the time of the agreement, except the plaintiff and the defendant.</p>

Decided 1897-07-15

McCarthy, J.

¶1This is entirely a question of fact and was fairly and properly left to the jury.

¶2They have believed the plaintiffs’ testimony and found for them.

¶3It is not the rule and there is no such law that where a dispute arises and only the plaintiff and the defendant were present, the plaintiff cannot recover, because he is interested.

¶4It is still a question for the jury under proper instructions which the appellant availed himself fully of.

¶5Judgment is, therefore, affirmed, with costs.

¶6Van Wyck, Ch. J., and Sohuchman, J., concur.

¶7Judgment affirmed, -with costs.

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