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Campbell v. Jimenes

25 N.Y.S. 1143 Court N.Y. City Ct. Decision date 1893-10-20 English

Delivered by NEWBURGER, J.

Contents

Majority

p. 1143
CAMPBELL, Respondent, v. JIMENES et al., Appellants.
(City Court of New York, General Term.
October 20, 1893.)

Headnote

Action by Bernard Campbell against Juan Y. Jimenes and others.
Tracy, Boardman & Platt, for appellants.
William F. Randel, for respondent.

Our appellate court having held (Campbell v. Jimenes, 23 N. Y. Supp. 333 ) that the terms of the contract between plaintiff and defendants 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.