Brinckerhoff v. Wemple
New York Supreme Court
This was an action of assumpsit for money had and received, tried at the Albany circuit, in February, 1828, before the Hon. William A. Duee, one of the circuit judges. The defendant and William Wemple were tenants in common of a farm in the town of Florida, in the county of Montgomery.
Read the full summary
This was an action of assumpsit for money had and received, tried at the Albany circuit, in February, 1828, before the Hon. William A. Duee, one of the circuit judges. The defendant and William Wemple were tenants in common of a farm in the town of Florida, in the county of Montgomery. On the 10th June, 1810, W. Wemple, conveyed! his undivided moiety of the farm to George Brinckerhoff, intrust to sell and dispose of the same, and to apply the proceeds to the payment of certain debts, owing by the' grantor to his creditors in the city of N. York. On the 2d August? 1823, George Brinckerhoff…
1Opinion of the Court
'By the Court,
Savage, Ch. J.
" I will consider the objections in the order in which they were made. It was objected, that Seymour should not testify as to what lands were paid for, without producing the books of the appraisers. Mr. Seymour’s testimony contains an answer to the objection, to wit, that they had no books of entries. The counsel, however, still insists on the objection, and refers to the several acts of the legislature, by which it is made the duty of the appraisers to make regular entries of their appraisal, with a description of the premises appropriated to the canal, which…
2Cited by15 opinions
- Sweet v. RechelSupreme Court of the United States · 1895
- Brennan v. . WillsonNew York Court of Appeals · 1877
- Matter of Van Etten v. . City of New YorkNew York Court of Appeals · 1919
- McAllister v. ReelMissouri Court of Appeals · 1893
- Birdsall v. CaryNew York Supreme Court · 1883
10 more not listed; retrieve them via the Exa API.