Westervelt v. Burns
Appellate Terms of the Supreme Court of New York
Appeal from a judgment in favor of the defendant, rendered, in the Municipal Court of the City of New York, borough óf The Bronx, for the second district.
1Opinion of the CourtLeventritt, J.
This was an action on an assigned claim. The defense was payment. From the evidence the conclusion of the justice was fully warranted. There is but a single question of law presented for review, and it arises from a denial, of the plaintiff’s motion to strike out certain testimony. It having been introduced without objection, the disposition of the motion was within the sound discretion of the court. Miller v. Montgomery, 78 N. Y. 282; Murray v. Fox, 39 Hun, 108; affirmed, 104 N. Y. 382. A party against whom a witness is called and examined cannot, as *782' was done in the case at bar, lie by and…
2Cases cited3 opinions
- Quin v. . LloydNew York Court of Appeals · 1869
- Miller v. . MontgomeryNew York Court of Appeals · 1879
- Murray v. . FoxNew York Court of Appeals · 1887
3Cited by1 opinion
- Meislahn v. Irving National BankAppellate Division of the Supreme Court of the State of New York · 1901