Bellinger v. Birge
New York Supreme Court
Action in the name of John W. Bellinger, overseer of the poor, against J. Allen Birge, for penalty for selling intoxicating liquors without a license. For opinion of Mabtin, J., and dissenting opinion of Meewin, J., see 7 H. Y. Supp. 695.
1Opinion of the CourtHardin, P. J.
When the defendant offered the discontinuance and release in evidence, it was objected to, and rejected, and an exception taken. If the paper had been received, it would have furnished some evidence that defendant had paid to settle or to satisfy penalties. That would have required evidence from plaintiff to overcome the position of defendant that be had paid and satisfied. The defendant was entitled to give the evidence that, “for a valuable consideration, ” all actions were settled,—all causes of actions accruing against defendant had been released. If the plaintiff could then have proved…
2Cases cited1 opinion
- People Ex Rel. Hammond v. . LeonardNew York Court of Appeals · 1878
3Cited by2 opinions
- Bellinger v. BirgeNew York Supreme Court · 1889
- Olp v. LeddickNew York Supreme Court · 1891