90 N.Y.S. 351
Appellate Terms of the Supreme Court of New York
Decided November 10, 1904
Appellate Terms of the Supreme Court of New York · decided 1904-11-10
Action by Max Kirschner against Gustave Hirschberg and others. From a judgment for plaintiff, and from an order denying a new trial, defendants appeal. The action was brought to recover damages for breach of a contract of employment entered into between plaintiff and defendants. The witness Peltz, referred to in the opinion, had charge of defendants’ books; making entries therein showing the work which each man did.
Affirmed · Decided 1904-11-10
¶1The ruling of the trial court sustaining objec_ tion to question addressed to witness Peltz was correct. It was not claimed that this witness ever had personal knowledge of the *352work done by plaintiff. Consequently she could not have had any memory on the subject which it was possible to refresh. The entire record is free from prejudicial error.
¶2Judgment and order affirmed, with costs.