Appellate Terms of the Supreme Court of New York, 1907

Ætna Life Insurance v. Pelham

Ætna Life Insurance v. Pelham
Appellate Terms of the Supreme Court of New York · Decided January 15, 1907 · Blanchard
52 Misc. 658; 102 N.Y.S. 461

Counsel

Winter & Winter, for appellant., Respondent filing no brief.

Ætna Life Insurance v. Pelham

Opinion of the Court

Blanchard, J.

The learned trial justice gave judgment for the plaintiff for fifty-one dollars and sixty-five cents upon the assumption, apparently, that the plaintiff was bound by a letter in which it claimed only that sum. But the plaintiff offered some proof tending to shbw that the letter erroneously stated the amount and, accordingly, judgment is reversed.

Gildersleeve and Dayton, JJ., concur.

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

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