Mahoney v. Jones
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, William Jones, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Sullivan on the 20tli day of September, 1898, upon the verdict of-a jury rendered by direction of the court. This action was brought by the plaintiff, as administratrix of her deceased husband, to recover for milk sold by him to the defendant and delivered at his creamery in 1895.
1Opinion of the Court
Landon, J.:
The plaintiff to maintain her action called the defendant as a witness, and upon the direct examination he testified that, in November, 1895, he purchased of the plaintiff’s intestate and received from him, milk of the amount and value of sixty-six dollars and twelve *85cents. The defendant’s counsel then by various questions upon cross-examination sought to prove by the witness that upon a day subsequent to such purchase he paid the plaintiff’s intestate in full therefor. The plaintiff objected to the several questions under section 829 of the Code, and the objection was sustained…
2Cases cited3 opinions
- Nay v. . CurleyNew York Court of Appeals · 1889
- Morris v. New York, Ontario & Western Railway Co.New York Court of Appeals · 1895
- Martin v. . HillenNew York Court of Appeals · 1894
3Cited by2 opinions
- Mercantile Safe Deposit Co. v. DimonAppellate Division of the Supreme Court of the State of New York · 1900
- Morgan v. ForanAppellate Division of the Supreme Court of the State of New York · 1907