Kluger v. Mendelson
Kluger v. Mendelson
Opinion of the Court
This is an appeal from a judgment in favor of the plaintiff in the sum of $610.34. The case was tried in the Passaic Circuit without a jury. Plaintiff originally sued in the Second District Court of Paterson. The case was removed by the defendants to the Circuit Court, a recoupment having been filed. Plaintiff then amended the pleadings demanding damages in the sum of $653.40. The action was upon a contract. Defendant alleged non-performance and sought to recover an advance payment. The contract in suit is signed Mendelson Bros. & Siff by S. Mendelson. The judgment record shows that the defendants in the District Court action were Jacob Mendelson and Samuel Mendelson, co-partners, trading as Mendelson Bros. & Siff and Mendel-son Bros. Factors, Incorporated. At all events, Samuel
The suggestion that there was no evidence to support the judgment against Mendelson Bros. .Factors, Incorporation, a New York corporation, is without merit.
It is argued that there was no evidence adduced at the trial to support the judgment. We think there was.
There seems to be no merit in the point that the trial court in arriving at its judgment considered evidence in violation of the parol evidence rule. We have examined the questions and answers objected to. We cannot say from our scrutiny of the record that the questions were objectionable, or that the evidence adduced violated the parol evidence rule. We can arrive at but one conclusion from the record, that it was conceded by counsel for both parties that the decision of the case rested in the sound discretion of the trial judge.
The judgment is affirmed, with costs.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.