Krekeler v. . Ritter
New York Court of Appeals
Appeal from a judgment of the General Term of the Court of Common Pleas for the city and county of New York, affirming a judgment in favor of the defendant, entered upon a decision of the court, on trial at Special Term. This action was brought to set aside the lien of a mortgage held by defendant upon premises of plaintiff, upon the ground that the same was procured by fraud. The answer was a general denial and a former suit pending.
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Appeal from a judgment of the General Term of the Court of Common Pleas for the city and county of New York, affirming a judgment in favor of the defendant, entered upon a decision of the court, on trial at Special Term. This action was brought to set aside the lien of a mortgage held by defendant upon premises of plaintiff, upon the ground that the same was procured by fraud. The answer was a general denial and a former suit pending. Upon the trial defendant’s counsel offered in evidence a judgment in the Superior Court of the city of New York wherein the defendant herein was plaintiff and…
1Opinion of the CourtAllen, J.
The record of the Superior Court was not offered or received in evidence in bar of the action, but merely as evidence of the fact in issue. Had it been offered as constituting a bar, or as an estoppel to the action, it would have been inadmissible, not having been pleaded as a defence. (Brazill v. Isham, 2 Ker., 9, per Denio, J.; Denny v. Smith, 18 N. Y., 567.) But as evidence of a fact in issue it was competent although not pleaded like any other evidence, whether documentary or oral. A party is never required to disclose his evidence by his pleadings. The evidence was competent to disprove…
2Cases cited4 opinions
- Gardner v. BuckbeeNew York Supreme Court · 1824
- Southwick v. . SouthwickNew York Court of Appeals · 1872
- Wright v. ButlerCourt for the Trial of Impeachments and Correction of Errors · 1830
- Denny v. . SmithNew York Court of Appeals · 1859
3Cited by62 opinions
- Morrill v. MorrillOregon Supreme Court · 1890
- Tillman v. National City Bank of New YorkCourt of Appeals for the Second Circuit · 1941
- Robert W. McCune v. Louis J. Frank, Commissioner of Police of the County of Nassau, and the Police Department of the County of NassauCourt of Appeals for the Second Circuit · 1975
- Westminster Presbyterian Church of West Twentythird Street v. Trustees of PresbyteryNew York Court of Appeals · 1914
- Weiss v. GuerineauIndiana Supreme Court · 1886
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