Hodnett v. Smith
The Superior Court of New York City
This case was tried before Hr. Justice Jones and a jury. Appeal from a judgment entered in favor of the plaintiff upon the verdict of a jury, and from an order made at Special Term denying defendant’s motion for a new trial upon a case. The complaint alleged a conversion by defendants of plaintiff’s property, consisting of the contents of a liquor store.
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This case was tried before Hr. Justice Jones and a jury. Appeal from a judgment entered in favor of the plaintiff upon the verdict of a jury, and from an order made at Special Term denying defendant’s motion for a new trial upon a case. The complaint alleged a conversion by defendants of plaintiff’s property, consisting of the contents of a liquor store. The defendants, by their answer, justified, under executions issued against John Hodnett, plaintiff’s husband, and claimed that the property levied upon and taken was, at the time of such levy,, the property of said John Hodnett, or that said…
1Opinion of the Court
By the Court:
Freedman, J.
The bill of sale was an important piece of evidence, and well calculated to exercise a strong influence over the jury. H no sufficient foundation was laid for its introduction, an error was committed by receiving it in evidence. Being an instrument under seal, there can be no question that plaintiff was bound to prove its execution by the subscribing witness, or to show by competent evidence that he could not be produced, or was incapable of being examined (Hollenback v. Fleming, 6 Hill, 303, and authorities therein cited), unless the change in the law, which allows…
2Cases cited3 opinions
- Van Dyne v. ThayreNew York Supreme Court · 1838
- Jones v. UnderwoodNew York Supreme Court · 1858
- King v. SmithNew York Supreme Court · 1855
3Cited by1 opinion
- Hewitt v. MorrisThe Superior Court of New York City · 1874