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Keywords

plaintiffattorneyindemnityappealtrialburden of proofplaintiff's attorney
plaintiffdefendantattorneyappealtrialtestimonyappellant

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United States Title Guarantee & Indemnity Co. v. Royal, 87 N.Y.S. 457

Facts

The plaintiff, United States Title Guarantee & Indemnity Company, sued Henry Royal for professional services rendered in relation to a property assessment reduction. Although Royal signed a document authorizing the plaintiff's attorneys to act on his behalf, the actual document was not included in the record. The absence of this key evidence made it impossible to determine the basis for the judgment in favor of the plaintiff.

The plaintiff, in his brief, states that his cause of action is based upon a written instrument executed by the defendant Henry Royal, authorizing the plaintiff, by its attorneys, to obtain a reduction of an assessment for a local improvement made by the city of New York, for which defendants' property was assessed; and the testimony taken shows that Henry Royal signed some writing, but such writing does not appear to have been offered in evidence, nor does it form part of the record.

Issue

Did the plaintiff provide sufficient evidence to support the judgment in its favor against Henry Royal?

Did the plaintiff provide sufficient evidence to support the judgment in its favor against Henry Royal?

Rule

A party must provide the necessary evidence to support its claims, and failure to include relevant exhibits in the record can result in the reversal of a judgment.

A party must provide the necessary evidence to support its claims, and failure to include relevant exhibits in the record can result in the reversal of a judgment.

Analysis

The court analyzed the record and found that the plaintiff failed to include any exhibits that were crucial to establishing its cause of action. The absence of the written instrument signed by Henry Royal, which was central to the plaintiff's claim, meant that the court could not ascertain the basis for the judgment. As a result, the court determined that the plaintiff did not meet its burden of proof.

It is impossible to determine from the record upon what the judgment in favor of the plaintiff is based. If we take the return in its present form, the plaintiff clearly failed to make out his cause of action.

Conclusion

The court reversed the judgment in favor of the plaintiff and ordered a new trial, emphasizing the necessity of including all relevant evidence in the record.

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

Who won?

Henry Royal prevailed in the appeal because the court found that the plaintiff did not provide sufficient evidence to support its claim.

Henry Royal appeals.

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