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Campbell v. Jimenes

56 N.Y. St. Rep. 900 Court N.Y. City Ct. English

Delivered by Newburger, J.

Contents

Majority

p. 900
Bernard Campbell, Resp’t, v. Juan Y. Jimenes et al., App’lts.
Tracy, Boardman & Plait, for app’lts; William F Handel, for resp’t.

Our appellate court having held (Campbell v. Jimenes, 23 N. Y. Supp. 333 ; 52 St. Rep. 495 ;) 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.