Vasseur v. Livingston
The Superior Court of New York City
Appeal by the defendant from a judgment for the plaintiff, for $316.28, including costs. The complaint alleged that the defendant had employed one A. H. Ritchie, to make for him four engravings at the price of $50 for each plate; that Ritchie had accordingly engraved and completed the plates, but that the defendant had refused to receive and pay for them.
Read the full summary
Appeal by the defendant from a judgment for the plaintiff, for $316.28, including costs. The complaint alleged that the defendant had employed one A. H. Ritchie, to make for him four engravings at the price of $50 for each plate; that Ritchie had accordingly engraved and completed the plates, but that the defendant had refused to receive and pay for them. It also averred that Ritchie’s claim had been duly assigned to the plaintiff, and demanded judgment for $200, with interest from the 20th of May, 1853, the day on which the plates, it was alleged, were completed. The answer denied the…
1Opinion of the Court
By the COURT.
Duer, J.
We are of opinion, and clearly so, that all the exceptions taken on the trial were properly overruled, and that the judgment that has been rendered for the plaintiff must be affirmed.
As to the objection that Ritchie was improperly admitted as a witness, we might content ourselves with saying that the objection was not placed upon the trial upon the ground that is now relied on, namely, that notice of the intention to examine him had not been given; for had this ground then been taken, we have no right to say that it would not have been removed by proof of the actual…
2Cases cited4 opinions
- Cockle v. UnderwoodThe Superior Court of New York City · 1854
- Champlin v. LaytinNew York Supreme Court · 1837
- Crane v. MaynardNew York Supreme Court · 1834
- Grote v. GroteNew York Supreme Court · 1813