Garey v. Nicholson
New York Supreme Court
[ *351’ ] *Error from the Tompkins 0. P. Nicholson sued Garey in an action of trespass for taking a mare. The mare was taken by the direction of the defendant, a constable, from the stable of the plaintiff, by a son of the plaintiff, and receipted by a third person, the defendant claiming that he took the mare by virtue of an attachment in favor of one Pine. The defendant’s counsel asked for all the conversation between the defendant and the witness at the time.
Read the full summary
[ *351’ ] *Error from the Tompkins 0. P. Nicholson sued Garey in an action of trespass for taking a mare. The mare was taken by the direction of the defendant, a constable, from the stable of the plaintiff, by a son of the plaintiff, and receipted by a third person, the defendant claiming that he took the mare by virtue of an attachment in favor of one Pine. The defendant’s counsel asked for all the conversation between the defendant and the witness at the time. This was objected to by the plaintiff’s counsel, and the objection sustained by the court. To which decision the defendant’s counsel…
1Opinion of the Court
By the Court,
Cowen, J.
The plaintiff, in order to fasten the trespass *351on the defendant, proved by his son that the defendant had attached the mare, declaring at whose suit; and that after this, by the defendant’s direction, the witness had taken the mare from the plaintiff’s stable and delivered her to the defendant. Then, under the rule that, where the defendant’s admission is resorted to as evidence against him, he is entitled to have the whole conversation of which the admission made a part disclosed, his counsel called for it in the general words of the rule. That, however, must obviously…
2Cited by13 opinions
- Platner v. . PlatnerNew York Court of Appeals · 1879
- Rouse v. . WhitedNew York Court of Appeals · 1862
- Hammatt v. EmersonSupreme Judicial Court of Maine · 1847
- Forrest v. ForrestThe Superior Court of New York City · 1856
- Roberts v. GeeNew York Supreme Court · 1853
8 more not listed; retrieve them via the Exa API.