Rogers v. Lyon & Griffen
New York Supreme Court
APPEAL from a judgment entered upon the report of a referee. On the 8th of December, 1866, the First National Bank of Palmyra recovered a judgment against Powers & Allen for $2,423.04. On the 24th of the same month Powers & Allen made a general assignment of their property to T. Scott Ledyard, in trust for creditors. On the 6th of February, 1867, the bank assigned the judgment to the plaintiff in this action.
Read the full summary
APPEAL from a judgment entered upon the report of a referee. On the 8th of December, 1866, the First National Bank of Palmyra recovered a judgment against Powers & Allen for $2,423.04. On the 24th of the same month Powers & Allen made a general assignment of their property to T. Scott Ledyard, in trust for creditors. On the 6th of February, 1867, the bank assigned the judgment to the plaintiff in this action. On the 18th of October, 1867, Ledyard sold to the defendants in this action the real estate of Powers & Allen, assigned to him, and gave them a deed thereof. They accepted the same and…
1Opinion of the Court
By the Court, E. Darwin Smith, J.
A new trial should, I think, be granted in this case for the error of the referee in overruling the objection to the testimony of the witness, George W. Cowles. The deed, executed to the defendants, containing the assumption of the incumbrance in question, was exhibited to this witness, and he testified that he drew the paper; that during a part of the time the grantees were present. Lyon & Griffen (the defendants) brought the papers, from which he got the data, as well as from them, from which he drew the deed. He was then asked: “Was the deed read over to…
2Cited by1 opinion
- Gick v. StumpfAppellate Division of the Supreme Court of the State of New York · 1908