Hyperlawhypertext legal database Ætna Life Ins. v. Pelham 102 N.Y.S. 461

← Cases

Ætna Life Ins. v. Pelham

102 N.Y.S. 461 Court N.Y. App. Term Decision date 1907-02-04 English

Delivered by BLANCHARD, J.

Contents

Majority

p. 461
(52 Misc. Rep. 658)
ÆTNA LIFE INS. CO. v. PELHAM.
(Supreme Court, Appellate Term.
February 4, 1907.)

Headnote

Evidence—Weight and Conclusiveness of Admissions.
One is not bound by a letter in which he claimed only a certain amount, where he gives proof that the letter erroneously stated the amount.
[Ed. Note.—For cases in point, see Cent. Dig. vol. 20, Evidence, §§ 1029, 1031.]
Appeal from Municipal Court, Borough of Manhattan, Second District.
Action by the 2Etna Life Insurance Company against Eugene T. Pelham. From a judgment for less than the amount claimed, plaintiff appeals. Reversed, and new trial ordered..
Argued before GIEDERSEEEVE, BLANCHARD, and DAYTON, JJ.
Winter & Winter, for appellant.

The learned trial justice gave judgment for the plaintiff for $51.65 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 show that the letter erroneously stated the amount, and accordingly judgment is reversed.

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