Thomas v. Dickinson
New York Court of Appeals
Action in the supreme court commenced m the .spring of 3.848. The declaration was in assumpsit, containing the common counts, for real estate and contracts therefor sold and conveyedto the defendant. The plea was non-assumpsit.
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Action in the supreme court commenced m the .spring of 3.848. The declaration was in assumpsit, containing the common counts, for real estate and contracts therefor sold and conveyedto the defendant. The plea was non-assumpsit. The cause was tried at the Steuben county circuit, in May, 1851. On the trial it was proved that in the spring of 1845, the plaintiff and defendant entered into a verbal agreement, by which the plaintiff was to transfer to the defendant his interest in two lots of land possessed by him under contracts for their purchase, with the improvements and crops thereon, and the…
1Opinion of the CourtCrippen, J.
The judgment rendered in favor of the plaintiff in this case must be reversed for errors committed on the trial, in admitting testimony to prove the value of the property sold or exchanged by each party to the other, and also in the charge of the judge upon the rule of damages to be adopted by the jury in making up their verdict. The defendant’s counsel objected to the evidence offered on the part of the plaintiff to prove the value of the property transferred by him "to the defendant. The court overruled the objection and allowed the evidence to be given, and the defendant’s counsel duly…
2Cases cited7 opinions
- The BANK OF COLUMBIA v. PATTERSON’S Adm’rSupreme Court of the United States · 1813
- Abbott v. DraperNew York Supreme Court · 1847
- Dana v. TuckerNew York Supreme Court · 1809
- Jewell v. SchroeppelNew York Supreme Court · 1825
- Hess v. FoxNew York Supreme Court · 1833
2 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Asendorf v. MeyerNew York Court of Common Pleas · 1879