Brewster v. Countryman
New York Supreme Court
Error from the Herkimer common pleas. Countryman sued Brewster in a justice’s court, and declared for a quantity of oats, spring wheat, corn, and winter grain, growing on premises lately occupied by B. Fairchild, sold by the defendant to the plaintiff, and for the breach of an agreement, whereby the defendant had engaged that if the plaintiff should be put to any costs in consequence of such sale, he would pay all the damages and costs; to which declaration the defendant…
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Error from the Herkimer common pleas. Countryman sued Brewster in a justice’s court, and declared for a quantity of oats, spring wheat, corn, and winter grain, growing on premises lately occupied by B. Fairchild, sold by the defendant to the plaintiff, and for the breach of an agreement, whereby the defendant had engaged that if the plaintiff should be put to any costs in consequence of such sale, he would pay all the damages and costs; to which declaration the defendant pleaded the general issue. The cause was tried before the justice, who gave judgment for the plaintiff for $50 damages. The…
1Opinion of the Court
By the, Court
Savage, Ch, J.
There were but three questions raised below to the decision of which exceptions were taken: 1. Whether the .paper alleged to be a copy of the agreement should not have been received in evidence; 2. Whether the court chargedt he jury correctly; 3. Whether they should not have charged as requested by the defendant's counsel.
As to the paper purporting to be a copy of the agreement, the best evidence was not produced. The plaintiff had re*449quested Joseph Hunt to make a copy, and the paper produced purported to be a copy, and was in Hunt’s hand-writing; and the witness who…
2Cited by21 opinions
- Watson's Executors v. McLarenNew York Supreme Court · 1838
- Bunce v. BeckSupreme Court of Missouri · 1869
- Sackman v. ThomasWashington Supreme Court · 1901
- Rogers v. AtkinsonSupreme Court of Georgia · 1846
- Wallace v. . StrausNew York Court of Appeals · 1889
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