Waddell v. Elmendorf & Van Vechten
New York Supreme Court
Motion by the defendants, upon a case, for a new trial. The plaintiff, as administrator of Henry Waddell, sued the defendants as administrators of Lucas Elmendorf deceased, on a judgment against Elmendorf, entered in the supreme court, by confession, on a bond and warrant of attorney, on the 13th of November, 1810, for $2744,40, besides costs. The bond was dated July 22, 1809, and was executed by Lucas Elmendorf and Henry Waddell.
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Motion by the defendants, upon a case, for a new trial. The plaintiff, as administrator of Henry Waddell, sued the defendants as administrators of Lucas Elmendorf deceased, on a judgment against Elmendorf, entered in the supreme court, by confession, on a bond and warrant of attorney, on the 13th of November, 1810, for $2744,40, besides costs. The bond was dated July 22, 1809, and was executed by Lucas Elmendorf and Henry Waddell. The defendants pleaded mil tiel record, and payment. The cause was tried in January, 1850, and a verdict found for the plaintiff. The facts appearing on the trial,…
1Opinion of the CourtEdmonds, P. J.
Some of the points raised on the argument we need not consider; for they relate to alledged errors in the judge’s charge: and as no exception was taken to the charge, Such errors, if there are any, must now be disregarded.
The main point involved arises out of the admission of evidence, and the refusal of the judge to charge as requested, in reference to the kind of evidence that was allowable, to rebut *586the presumption of payment. The defendant insisted below, and noW contends, that that presumption could be rebutted only by proof of payment of part or an acknowledgment in writing; and that is…
2Cases cited3 opinions
- Dash v. Van KleeckNew York Supreme Court · 1811
- Quackenbush v. DanksCourt for the Trial of Impeachments and Correction of Errors · 1845
- Executors of Clark v. HopkinsNew York Supreme Court · 1811
3Cited by4 opinions
- Harrington v. SladeNew York Supreme Court · 1856
- Henderson v. HendersonNew York Supreme Court · 1852
- Glidden v. Mechanics' National BankOhio Supreme Court · 1895
- Waddell v. ElmendorfNew York Court of Appeals · 1854