# Billings v. Albright

> Appellate Division of the Supreme Court of the State of New York · November 15, 1901 · 66 A.D. 239

URL: https://www.frixlaw.com/law-library/cases/5190410

## Case

- **Full name:** Warren M. Billings v. Frank Albright
- **Court:** Appellate Division of the Supreme Court of the State of New York
- **Decided:** November 15, 1901
- **Citations:** 66 A.D. 239; 73 N.Y.S. 22
- **Precedential status:** Published
- **Opinion:** Dissent by Adams
- **Judges:** Adams, Hiscock, McLennan
- **Cited by:** 5 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/5190410

## Opinion text

Adams, P. J. (dissenting):
The prevailing opinion, as I read it, discusses the competency of the evidence of the witness Louis J: Billings upon the assumption that it tended to - show the relations existing between Mr. and Mrs. W. M. Billings; whereas its real and only effect was, I think,, to show the relations existing between Mrs. Billings and the defendant. For that purpose it was doubtless incompetent. But the illicit relations existing between the defendant and Mrs. Billings are so overwhelmingly established by other evidence that I do not think this, error is sufficiently prejudicial to require a reversal of the judgment.
Judgment and order reversed and new trial ordered, with costs to-the appellant to abide the event.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/5190410. Public record. Not legal advice.