Youngs v. Packard — 125 N.Y.S. 764

Majority

p. 764

YOUNGS et al. v. PACKARD et al.

(Supreme Court,• Appellate Term.

November 22, 1910.)

Headnote

Appeal and Error (§ 1050^[1] )—Harmless Error—Admission of Evidence.

In an action for the price of goods, where the evidence sharply conflicted as to whether the goods were delivered to a certain company by plaintiff at defendant’s request, the erroneous admission of evidence that the company was financially irresponsible, and that one B., who with his wife owned a half interest in the company, had gone into bankruptcy, was prejudicial to defendants.

[Ed. Note.—For other cases, see Appeal and Error, Cent. Dig. §§ 4153-4160; Dec. Dig. § 1050.*]

Appeal from City Court of New York, Trial Term.

Action by William P. Youngs and others against Nathan J. Packard and another. From a judgment for plaintiffs, and from an order denying a new trial, defendants appeal.

Reversed, and new trial ordered.

Argued before SEABURY, PAGE, and BIJUR, JJ.

Samuel Packard (Joseph Rosenzweig, of counsel), for appellants.

Wilder, Ewen & Patterson (William R. Wilder and Ward V. Tolbert, of counsel), for respondents. ,

The plaintiffs claim that they sold and delivered goods to the Buzzini Equipment & Construction Company at the request of the defendants. It is conceded that the goods were delivered to the Buzzini Equipment & Construction Company. The question in

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issue is whether these goods were so delivered at the request of the defendants.

So far as the direct evidence upon this issue is concerned, there was a sharp conflict. Over the objection and exception of the defendants, the plaintiffs were permitted to prove that the Buzzini Equipment & Construction Company was financially irresponsible, and that one Buszini, who with his wife owned a half interest in the corporation, had gone into bankruptcy. In view of the narrow question of fact which -was presented, we think that this incompetent proof was prejudicial to the defendants. There are several other errors pointed out; but, as there must be a new trial, we do not deem it necessary to discuss them at this time.

Judgment reversed, and new trial ordered, with costs to appellants to abifle the event. All concur.