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Root v. Gallanner

63 N.Y.S. 1115 Court N.Y. App. Term Decision date 1900-03-05 English

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p. 1115
ROOT, Respondent, v. GALLANNER, Appellant.
(Supreme Court, Appellate Term.
March 5, 1900.)

Headnote

Action by John C. Root against Edmund Gallanner. From a judgment in favor of plaintiff, defendant appeals. Affirmed. Sproull, Harmer & Sproull, for appellant. Matthew F. Ennis, for respondent.

The jury, not being bound, to credit either defendant or his wife, could have-found in the circumstances sufficient to warrant a finding of performance on the part of the plaintiff. The verdict should, therefore, not be-disturbed. Some irrelevant evidence was admitted, but, in view of its substance, we believe-the defendant was not prejudiced. Judgment affirmed, with costs.