Graham v. Berryman
New Jersey Court of Chancery
Tlie hearing of this cause was brought on upon bill, cross-, bill, and proofs. The bill was filed to foreclose a mortgage given by Berryman and wife upon her farm, to Graham. A cross-bill was filed by Berryman and wife, to have the moru gage set aside as void, and the notes of Berryman, to secure which it was given, delivered up to be canceled, on the ground of fraud in the consideration.
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Tlie hearing of this cause was brought on upon bill, cross-, bill, and proofs. The bill was filed to foreclose a mortgage given by Berryman and wife upon her farm, to Graham. A cross-bill was filed by Berryman and wife, to have the moru gage set aside as void, and the notes of Berryman, to secure which it was given, delivered up to be canceled, on the ground of fraud in the consideration. The alleged fraud. consisted in fraudulent representations by Graham to Mrs. Berryman, first, of the character and fitness of the agent employed by her to purchase from Graham the lease of a dry goods store…
1Opinion of the Court
The Chancellor,
The complainant in the original suit, Mr. Graham, was sworn as a witness, without objection at the time. Objection was made to his competency at the closing of complainant’s evidence, and before any testimony had been taken by the defendants, and testimony was taken by both parties after this objection. There is no doubt but that Graham is an incompetent witness, as Berryman and his wife are both adverse parties in interest, and either cannot be sworn. The only question made was, that the objection was not made in the proper time, that is, at his examination. Counsel, on the…
2Cases cited1 opinion
- Mowhawk Bank v. R. & P. AtwaterNew York Court of Chancery · 1830
3Cited by6 opinions
- Graham v. ClydeSupreme Court of Florida · 1952
- Stamen v. Metropolitan Life Ins. Co.New Jersey Superior Court Appellate Division · 1956
- Dupont Chemical Co. v. BuckleyNew Jersey Court of Chancery · 1924
- Nixon v. NixonNew Jersey Court of Chancery · 1927
- Rauh v. BickNew Jersey Court of Chancery · 1931
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