Isham v. Schafer
New York Supreme Court
APPEAL from a judgment entered upon the report of a referee. The action was brought by the plaintiff, as the assignee of a judgment recovered by himself and George P. Isham 'and Henry P. Isham against the defendant Henry Schafer, to have the said judgment declared a lien upon certain premises, the title to which was in the defendant Eunice Schafer.
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APPEAL from a judgment entered upon the report of a referee. The action was brought by the plaintiff, as the assignee of a judgment recovered by himself and George P. Isham 'and Henry P. Isham against the defendant Henry Schafer, to have the said judgment declared a lien upon certain premises, the title to which was in the defendant Eunice Schafer. The referee found the following facts, viz: That in March, 1866, the defendant Eunice Schafer became the owner, in her own right, of a piece of land situate in Dunkirk, Chautauqua county, and which is described in the plaintiff’s complaint in this…
1Opinion of the Court
By the Court, Johnson, J.
A new trial must be granted in this case, on account of the error of the referee, in admitting incompetent and improper evidence against the appellant. The books of account of one Bellow's, who was deceased, containing an account consisting of debt and credit between Bellows and the appellant’s husband, were offered for the purpose of proving that the husband of the appellant had paid Bellows for a quantity of stone which the latter had furnished for the house which the appellant had built on her premises. This evidence was objected to by the appellant as immaterial…
2Cases cited1 opinion
- Buckley v. . WellsNew York Court of Appeals · 1865
3Cited by10 opinions
- Maddox v. SummerlinTexas Supreme Court · 1899
- Hauk v. VanIngenIllinois Supreme Court · 1902
- Cooper v. HamIndiana Supreme Court · 1875
- People's National Bank v. LoeffertSupreme Court of Pennsylvania · 1898
- Bailey v. GardnerWest Virginia Supreme Court · 1888
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