From Casetext: Smarter Legal Research

Cutter v. Maxweld Corporation

Court of Appeals of the State of New York
Nov 21, 1939
24 N.E.2d 129 (N.Y. 1939)

Opinion

Argued October 4, 1939

Decided November 21, 1939

Appeal from the Supreme Court, Appellate Division, Second Department.

Fred L. Gross and James F. Clarity, Jr., for appellant.

Harold M. Kennedy and Francis J. Nicosia for respondents.


Defendant corporation appeals from a judgment in favor of plaintiffs in a personal injury action. The occurrence arose through the negligent operation of an automobile by the president of the defendant corporation, whereby plaintiffs were injured.

All the plaintiffs were riding in the car which was struck by the automobile driven by the president of the defendant except the plaintiffs Mae Cutter and Patricia Sickles. These two ladies, a night club entertainer and her sister, were invited, between seven and eight o'clock in the evening, by the president of defendant corporation, to accompany him from Brooklyn to his country home at Northport, Long Island, in an automobile which was registered in the name of the president and paid for by him, but was used at times upon the business of the corporation. The plaintiffs recovered upon a special verdict of the jury (1) that the car was owned by the defendant, and (2) that the car was being used by the president in the business of the corporation that evening. In regard to this latter question, it appeared in the evidence that he met at the house in Northport two gentlemen who looked over some pamphlets bearing pictures of the wares manufactured by the defendant corporation and that they wrote down certain data and discussed prices, taking about an hour or more in so doing. There is no evidence in the record upon this appeal showing that the ladies took any part in promoting the business between the president and the two callers. The trial court improperly excluded all evidence relating to what the president said to the ladies when he invited them to go on the trip. The exclusion of what was said was error, as it might have contained evidence showing that these plaintiffs had a part in the business of the corporation.

The judgments, therefore, in favor of Mae Cutter and Patricia Sickles should be reversed and new trials granted, with costs to abide the events. The judgments in favor of the other plaintiffs should be affirmed, with costs.

CRANE, Ch. J., LEHMAN, HUBBS, LOUGHRAN, FINCH and RIPPEY, JJ., concur: O'BRIEN, J., taking no part.

Judgment accordingly.


Summaries of

Cutter v. Maxweld Corporation

Court of Appeals of the State of New York
Nov 21, 1939
24 N.E.2d 129 (N.Y. 1939)
Case details for

Cutter v. Maxweld Corporation

Case Details

Full title:MAE CUTTER et al., Respondents, v. MAXWELD CORPORATION, Appellant

Court:Court of Appeals of the State of New York

Date published: Nov 21, 1939

Citations

24 N.E.2d 129 (N.Y. 1939)
24 N.E.2d 129

Citing Cases

Sutcliffe v. American Lumbermens Mut. Cas. Co.

The plaintiffs sue directly on the policy as judgment claimants against the assured, pursuant to N.Y.…

Cutter v. American Lumbermens Mutual Casualty Co of Illinois

In that action the jury found that the Maxweld Corporation owned the Buick car driven by Maxwell and that it…