Corning v. . Walker
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the third judicial department, entered upon an order made December 16, 1882, which affirmed a judgment in favor of plaintiff, entered upon the report of a referee. (Reported below, 28 Hun, 435.) This action was brought' to recover on two accounts for moneys lent.
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Appeal from judgment of the General Term of the Supreme Court, in the third judicial department, entered upon an order made December 16, 1882, which affirmed a judgment in favor of plaintiff, entered upon the report of a referee. (Reported below, 28 Hun, 435.) This action was brought' to recover on two accounts for moneys lent. The first account was for moneys alleged to have been advanced at different times between June 8, 1809, and February 23, 1875, to the defendant by a partnership known as “ The Albany Iron Works,” the partners being the late Erastus Corning and the plaintiff. The…
1Opinion of the CourtMiller, J.
No error was committed by the referee in the exclusion of evidence of defendant’s arrangement with Erastus Corning Sr., as to the terms under which defendant received the moneys for which the recovery was had in this action.
The evidence offered involved a personal transaction between the defendant and a deceased person and clearly came within the prohibition contained in section 829 of the Code of Civil Procedure. The plaintiff had offered in evidence the books of account of the old firm and of the corporation. The plaintiff had testified that neither lie nor the company ever authorizd any…
2Cases cited1 opinion
- Lewis v. . MerrittNew York Court of Appeals · 1885
3Cited by14 opinions
- Terry v. BurfordTennessee Supreme Court · 1914
- Tepper v. TannenbaumNew York Supreme Court · 1976
- Levy v. DwightSupreme Court of Colorado · 1888
- Mayor, Etc., of N.Y. v. . GoldmanNew York Court of Appeals · 1891
- Newton v. FreemanMichigan Supreme Court · 1921
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