Smith v. Palmer — 66 N.Y.S. 1145

Majority

p. 1145

SMITH, Appellant, v. PALMER, Respondent.

(Supreme Court, Appellate Term.

November 7, 1900.)

Headnote

Action by Alvarez H. Smith against Marion Palmer. From a judgment for ■defendant, plaintiff appeals.

Reversed.

E. F. Brown, for appellant. M. J. Briggs, for respondent.

The record discloses no conflict of evidence, except as.to the alleged special agreement about the rate at which visits were to be charged for. Upon the uncontradicted evidence the plaintiff was entitled to receive something. No special defenses were pleaded, and none can therefore be availed of. The defendant did not make the objection in the trial that the book of original entries was not produced. If she had, the plaintiff might have produced it. Judgment reversed, and new trial granted, with costs to appellant to abide the event.