Stephens v. . Vroman
New York Court of Appeals
Appeal by the plaintiff from a judgment of the Supreme Court in the fifth district. The action was for setting fire to and burning the -plaintiff’s barn, situated near the Oneida lake, in the town of Lenox, Madison county.
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Appeal by the plaintiff from a judgment of the Supreme Court in the fifth district. The action was for setting fire to and burning the -plaintiff’s barn, situated near the Oneida lake, in the town of Lenox, Madison county. The bam and contents, valued at over $2000, were consumed about nine o’clock in the evening of November 11, 1850. The plaintiff and defendant both lived at Durhamville, a little over five miles from the barn, in an easterly direction, but the plaintiff at the time of the fire was absent from home, at Utica, some thirty miles off. It appeared that just before the fire a…
1Opinion of the Court
Denio, Ch. J.
It would be incompetent, upon the plainest rules of evidence, for the defendant to prove by witnesses what persons who were not themselves examined as witnesses had said as to the description of the horse which was ridden to and from the lake, or as to any other material fact. The law does not regard as sufficiently authentic to influence a jury, any statement which is not made under the sanction of an oath; and, in general, it further requires that the witness making the statement should be present at the trial, to the end that he may be examined by the adverse party, and that…
2Cited by15 opinions
- Reed v. . McCordNew York Court of Appeals · 1899
- People v. . SmithNew York Court of Appeals · 1902
- Cox v. StateNew York Court of Appeals · 1958
- Albert v. Public Service Mutual Casualty InsuranceAppellate Division of the Supreme Court of the State of New York · 1943
- Schoenherr v. HartfieldAppellate Division of the Supreme Court of the State of New York · 1916
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