City of New York Municipal Court, 1893

Campbell v. Jimenes

Campbell v. Jimenes
City of New York Municipal Court · Decided July 1, 1893 · Newburger
5 Misc. 593; 56 N.Y. St. Rep. 900

Counsel

William F. Randel, for plaintiff (respondent)., Tracy, Boardmam & Platt, for defendants (appellants)..

Campbell v. Jimenes

Opinion of the Court

Newburger, J.

Our appellate court having held (Campbell v. Jimenes, 3 Misc. Rep. 144) that the terms of the contract between plaintiff and defendant were ambiguous, and that the meaning of the instrument can only be determined by a jury, the trial justice, therefore, properly denied the defendants’ motion to dismiss.

There appears to be no other exception in the case of merit,. and judgment must, therefore* be affirmed, with costs.

Ehrlich, Ch. J., concurs.

Judgment affirmed, with costs.

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