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32 Misc. 737

Smith v. Palmer

Appellate Terms of the Supreme Court of New York · decided 1900-11-15

<p>Appeal from a judgment of the Municipal Court of the city of New York, borough of Manhattan.</p>

Decided 1900-11-15

Per Curiam.

¶1The record discloses no conflict of evidence, except as to the alleged special agreement about the rate at which visits were to he charged for. Upon the uncontradicted evidence the plaintiff was entitled to receive something. No special defenses were pleaded and none can, therefore, he availed of. The defendant did not make the objection on the trial that the hook of original entries was not produced. If she had the plaintiff might have produced it.

¶2Judgment reversed and new trial granted, with costs to appellant to abide the event.

¶3Present: Truax, P. J., Scott and Dugro, JJ.

¶4Judgment reversed and new trial ordered, with costs to appellant to abide event.

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