Wood v. Whiting
New York Supreme Court
APPEAL from a judgment entered upon the report of a referee. The complaint alleged that on the 9th day of July, 1851, at the city of Rochester, one Henry Gaul delivered to and placed in the hands of the defendant, as his agent, for collection, certain accounts, orders or demands against sundry persons in Canada, to the amount of $135, which were received and taken by the defendant, and were to be paid over to said Gaul or his order on the first day of November, 1851, or as…
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APPEAL from a judgment entered upon the report of a referee. The complaint alleged that on the 9th day of July, 1851, at the city of Rochester, one Henry Gaul delivered to and placed in the hands of the defendant, as his agent, for collection, certain accounts, orders or demands against sundry persons in Canada, to the amount of $135, which were received and taken by the defendant, and were to be paid over to said Gaul or his order on the first day of November, 1851, or as soon thereafter as collected; and that the defendant at the same time made and executed and delivered to said Gaul a…
1Opinion of the Court
By the Court, Johnson, J.
The defendant in his answer alleges that the orders or demands specified in exhibits A and B, were received by him on account of Gaul & Bryan, to collect, and to apply the proceeds to the payment of a demand of ■the Winsted Manufacturing Company against Gaul and Bryan, *197for scythes sold and delivered to them. On the trial he offered to prove this by parol, which was objected to by the plaintiff, on the ground that it contradicted the writing. The objection was overruled, and the plaintiff excepted. This, I think, was error. The writings are clearly more than mere…
2Cited by14 opinions
- Marston v. . SwettNew York Court of Appeals · 1876
- Rodgers v. . ClementNew York Court of Appeals · 1900
- Smith v. . CoeNew York Court of Appeals · 1902
- West v. American Exchange BankNew York Supreme Court · 1865
- In re proving the last Will & Testament of ShawNew York Surrogate's Court · 1874
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