Stedman v. Patchin
New York Supreme Court
THIS action was "brought to recover the sum of $978.52 paid by the plaintiff for and on account of the defendant, in September, 1853. In 1850, the defendant, a resident of Buffalo, New York, was the owner of the steamboat A. D. Patchin, whereof one Whittaker was master. She was engaged in running from Buffalo to Chicago.
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THIS action was "brought to recover the sum of $978.52 paid by the plaintiff for and on account of the defendant, in September, 1853. In 1850, the defendant, a resident of Buffalo, New York, was the owner of the steamboat A. D. Patchin, whereof one Whittaker was master. She was engaged in running from Buffalo to Chicago. In August of that year, while on a voyage from Buffalo to Chicago, full of passengers and freight, she touched at Cleveland, where she was seized by the sheriff of Cuyahoga county, at the suit of. one McEwen, under process issued out of the superior court of Cleveland, a…
1Opinion of the CourtBy the Court Johnson, J.
The exception upon which a new trial was granted, when this cause was before this court, on a former occasion, in the eighth district, was fully obviated on the second trial at the circuit, by parol proof that the damages upon the trial of the action against the plain*221tiff on the bond, were assessed upon the bond only. This parol evidence was objected to, upon the trial, on the ground that it contradicted the record; and that objection is now insisted upon. But the parol evidence did not contradict the record. The bond was declared upon as one of the causes of action, and it is well settled…
2Cases cited2 opinions
- Wood v. Jackson ex dem. GenetCourt for the Trial of Impeachments and Correction of Errors · 1829
- De Witt v. BurnettNew York Supreme Court · 1848
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