Robb v. Hackley & Welton
New York Supreme Court
This was an application to set aside tbe report of a referee. The plaintiffs were merchants in New-York, and the defendants merchants in Hamilton, Madison county. The action was brought to recover the amount of two bills of goods, amounting to about 800, which the plaintiffs had sold the defendants in May and September, 1836, on a credit in each case of four months.
Read the full summary
This was an application to set aside tbe report of a referee. The plaintiffs were merchants in New-York, and the defendants merchants in Hamilton, Madison county. The action was brought to recover the amount of two bills of goods, amounting to about 800, which the plaintiffs had sold the defendants in May and September, 1836, on a credit in each case of four months. The defence was, that the plaintiffs had, on the 29th of November, 1836, accepted the note of one Townsend for $500, payable in 30 days, in full satisfaction and discharge of their debt. The defendants were at the time in failing…
1Opinion of the CourtBronson, J.
*By the Court, The witness, Isaac Small, was [ *52 ] contradicted in the most material point of his testimony, and it was ' also proved that he had given a different relation of the matter out of court from that which he gave on the hearing. The letter which he had written to plaintiffs, was not used for the purpose of refreshing his recollection of the transaction to which it related, but it was admitted in evidence for the purpose of confirming his testimony, by showing that he had given thé same account of the matter out of court, and when not under oath that he gave on the trial. Independent…
2Cases cited1 opinion
- People v. VaneNew York Supreme Court · 1834
3Cited by67 opinions
- People v. . KatzNew York Court of Appeals · 1913
- Davidson v. . CornellNew York Court of Appeals · 1892
- Lanasa v. StateCourt of Appeals of Maryland · 1909
- McAleer v. HorseyCourt of Appeals of Maryland · 1872
- People v. . Jung HingNew York Court of Appeals · 1914
62 more not listed; retrieve them via the Exa API.