Howard v. McDonough
New York Court of Common Pleas
Appeal from a judgment of this court, entered on the verdict of a jury. The action was brought to recover damages for seizing and carrying away personal property belonging to the plaintiffs, consisting of a large number of articles used by them iii carrying on a printing business.
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Appeal from a judgment of this court, entered on the verdict of a jury. The action was brought to recover damages for seizing and carrying away personal property belonging to the plaintiffs, consisting of a large number of articles used by them iii carrying on a printing business. On the trial the plaintiffs called as a witness one Stover, who had been superintendent of their printing establishment at the time of the taking of the property, to prove what was taken, and its value. This witness was allowed to refer to and read from a schedule made by him, as described in the complaint. The…
1Opinion of the Court
Charles P. Daly, Chief Justice.
All that comes up on this appeal are certain exceptions taken as to the admission of evidence.
The' schedule' of the property taken was' made by the witness. It was made immediately after the seizure. It was made, as it then nécessarily had to be, from .the invoice book and the bills ; and being a memorandum made by the witness contemporaneously with the' taking of the property, the witness was entitled to use it to refresh’ his' memory as to a list, of items' which covers nine printed pages of the ease, which no one could, ordinarily, keep in his memory, and…
2Cases cited3 opinions
- Halsey v. . SinsebaughNew York Court of Appeals · 1857
- Ormsby v. . Vermont Copper Mining CompanyNew York Court of Appeals · 1874
- Stone v. . BrowningNew York Court of Appeals · 1872
3Cited by2 opinions
- Furlan v. Rayan Photo Works, Inc.City of New York Municipal Court · 1939
- Coffey v. LyonsNew York Court of Common Pleas · 1890