Aetna Life Insurance Co.v.Pelham

Supreme Court, Appellate TermJan 1, 1907
52 Misc. 658 (N.Y. Misc. 1907)
52 Misc. 658102 N.Y.S. 467

January, 1907.

Winter Winter, for appellant.

Respondent filing no brief.


The learned trial justice gave judgment for the plaintiff for fifty-one dollars and sixty-five cents upon the assumption, apparently, that the plaintiff was bound by a letter in which it claimed only that sum. But the plaintiff offered some proof tending to show that the letter erroneously stated the amount and, accordingly, judgment is reversed.

GILDERSLEEVE and DAYTON, JJ., concur.

Judgment reversed and new trial ordered, with costs to appellant to abide event.