Childs v. Delaney
New York Supreme Court
Appeal by one of the defendants from a judgment at circuit, entered upon the verdict of the jury. The action was for the conversion of personal property. The question litigated at the trial out of which the exceptions of the appellants arose, was whether the claims of the plaintiff had been settled by the parties. Previous to the commencement of this action, the parties, each having claims against the other, had ■ a personal interview.
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Appeal by one of the defendants from a judgment at circuit, entered upon the verdict of the jury. The action was for the conversion of personal property. The question litigated at the trial out of which the exceptions of the appellants arose, was whether the claims of the plaintiff had been settled by the parties. Previous to the commencement of this action, the parties, each having claims against the other, had ■ a personal interview. Evidence was given tending to ■ show that at this interview a verbal agreement -was made for the settlement of all the claims between them, and that it was…
1Opinion of the CourtE. D. Smith, J.
The only question demanding consideration in this case arises upon the exceptions taken by the defendant’s counsel on the trial to the testimony of the plaintiff and that of his attorney Halbert, in respect to the instructions of the plaintiff to his said attorney in respect to the settlement with the defendant. It appears that after some conversation between the parties in respect to a settlement, it was referred to their attorneys to draw up and prepare the proper vouchers and receipts to be signed by each.
The defendant claimed and testified that in such conversation it was agreed that all…
2Cases cited3 opinions
- Valton v. . the National Fund Life Assurance CompanyNew York Court of Appeals · 1859
- Height v. . the PeopleNew York Court of Appeals · 1872
- Shaw v. SmithNew York Court of Appeals · 1867
3Cited by1 opinion
- Meinhold v. Bradley Salt Co.Appellate Terms of the Supreme Court of New York · 1897