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Freeman v. Uhlig

34 N.Y.S. 1139 Court N.Y. City Ct. Decision date 1895-05-28 English

Delivered by NEWBURGER, J.

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p. 1139
FREEMAN et al., Appellants, v. UHLIG, Respondent.
(City Court of New York, General Term.
May 28, 1895.)

Headnote

Action by Edward Freeman and another against Caroline Uhlig.
W. W. Westervelt, for appellants.
Alfred & Charles Steckler, for respondent.

This action is brought by the plaintiff to recover from the defendant commissions alleged to have been earned in procuring an exchange of real estate. The answer of the defendant is substantially a general denial. The trial resulted in a verdict for the defendant, and from the judgment entered upon such verdict this appeal is taken. It is claimed by the appellants that the trial justice erred in excluding questions at folios 114, 115, 116, as to conversations between one of the plaintiffs and defendant. We think the questions excluded related to the subject-matter, and were material and pertinent to the issues herein, and were strictly in rebuttal to the testimony of the defendant. The judgment must therefore be reversed, and a new trial granted, with costs to the appellants to abide the event.