Arms v. Middleton
New York Supreme Court
APPEAL from an order made at a special term. The action was commenced in May, 1850, to revive a decree which the complaint alleged was directed, by the late court of chancery, to be drawn, and entered, but which was never in fact entered.
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APPEAL from an order made at a special term. The action was commenced in May, 1850, to revive a decree which the complaint alleged was directed, by the late court of chancery, to be drawn, and entered, but which was never in fact entered. The following issues were directed to be tried by a jury: 1. Was Isaac L. Middleton born on the 3d day of May, 1810 ? 2. Was Isaac L. Middleton born on the 3d day of May, 18151 3. Was Isaac L. Middleton, the defendant, 21 years of age on the 3d day of December, 1835, when his guardian ad litem put in his answer for him, in the chancery suit, as alleged ? By…
1Opinion of the Court
By the Court, T. R. Strong, J.
This case comes within the rule, that entries made by a third person in thé usual course of professional employment, or of a clerkship, or agency, are, after the death of the persons making them, competent evidence as being part of the res gestee. The cases in support and illustrative of this rule, are very numerous. Many of them will be found collected in 1 Greenl. Ev. »§ 115,116, 117 ; 1 Smith’s Lead. Cases, (Price v. The Earl of Torrington, and íiotes, commencing at p. 139.) Among the cases of this kind in this state, are Merrill v. The Ithaca and Owe-go R. R.…
2Cases cited1 opinion
- Merrill v. Ithaca & Owego Rail RoadNew York Supreme Court · 1837
3Cited by7 opinions
- In re Proving the Last Will & Testament of BarneyAppellate Division of the Supreme Court of the State of New York · 1919
- State v. BowmanSupreme Court of Missouri · 1917
- Mutual Life Insurance Co. v. BlodgettCourt of Appeals of Texas · 1894
- Bank of Metropolis v. JacobsNew York Marine Court · 1877
- Bussom v. ForsythNew Jersey Superior Court Appellate Division · 1880
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