Peck v. Yorks
New York Supreme Court
APPEAL by the defendant Theodore D. Yorks from a judgment in favor of the plaintiff, entered in the office of the clerk of Chemung county, upon the report of a referee, on the 8th day of July, 1865. The action was brought to set aside an assignment of a judgment that was made by the defendant Sexton to the defendant Cook, and to set aside a certificate of the satisfaction of the judgment; and to have the judgment declared to be in full force in favor of the plaintiff as…
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APPEAL by the defendant Theodore D. Yorks from a judgment in favor of the plaintiff, entered in the office of the clerk of Chemung county, upon the report of a referee, on the 8th day of July, 1865. The action was brought to set aside an assignment of a judgment that was made by the defendant Sexton to the defendant Cook, and to set aside a certificate of the satisfaction of the judgment; and to have the judgment declared to be in full force in favor of the plaintiff as owner. The judgment was docketed in Livingston county, on the 5th of July, 1859, in favor of the defendant Sexton, against…
1Opinion of the Court
By the Court, Balcom, J.
The plaintiff offered to prove a conversation had between him and the defendant Sexton, when neither of the other defendants was present, which was objected to by the defendant on the grounds: 1. That conversations between Sexton and the plaintiff were not competent for any purpose. 2. That Sexton was a competent witness, and his statements were not evidence. The referee received the evidence and reserved his decision as to its admissibility. The defendant objected, and insisted that "the referee should decide to admit or reject the evidence, which he declined to do ;…
2Cases cited5 opinions
- Newcomb v. . GriswoldNew York Court of Appeals · 1862
- Robinson v. FrostNew York Supreme Court · 1853
- Tousley v. . BarryNew York Court of Appeals · 1858
- Cuyler v. McCartneyNew York Supreme Court · 1860
- Brooks v. ChristopherThe Superior Court of New York City · 1856
3Cited by8 opinions
- Tourtelotte v. BrownColorado Court of Appeals · 1894
- Lathrop v. . BramhallNew York Court of Appeals · 1876
- Tourtelotte v. BrownColorado Court of Appeals · 1894
- In re RealNew York Supreme Court · 1869
- Kerslake v. SchoonmakerNew York Supreme Court · 1874
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