Lawrence v. . Fox
New York Court of Appeals
Appeal from the Superior Court of the city of Buffalo On the trial before Mr. Justice Masten, it appeared by the evi dence of a bystander, that one Holly, in November, 1857, at the request of the defendant, loaned and advanced to him §80Q, stating at the time that he owed that sum to the plaintiff for money borrowed of him, and had agreed to pay it to him the then next day; that the defendant in consideration thereof, at the time of receiving the money, promised to pay it to…
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Appeal from the Superior Court of the city of Buffalo On the trial before Mr. Justice Masten, it appeared by the evi dence of a bystander, that one Holly, in November, 1857, at the request of the defendant, loaned and advanced to him §80Q, stating at the time that he owed that sum to the plaintiff for money borrowed of him, and had agreed to pay it to him the then next day; that the defendant in consideration thereof, at the time of receiving the money, promised to pay it to the plaintiff the then next day. Upon this state of facts the defendant moved for a nonsuit, upon three several…
1Opinion of the CourtH. Gray, J.
The first objection raised on the trial amounts to this: That the evidence of the person present, who heard the declarations of Holly giving directions as to the payment of the money he was then advancing to the defendant, was mere hearsay and therefore not competent. Had the plaintiff sued Holly for this sum of money no objection to the competency of this evidence would have been thought of; and if the defendant had performed his promise by paying the sum loaned to him to the plaintiff, and Holly had afterwards sued him for its recovery, and this evidence had been offered by the defendant,…
2Cases cited4 opinions
- Barker v. BucklinNew York Supreme Court · 1846
- Farley v. ClevelandNew York Supreme Court · 1825
- Arnold v. LymanMassachusetts Supreme Judicial Court · 1821
- Delaware & Hudson Canal Co. v. Westchester County BankNew York Supreme Court · 1847
3Cited by628 opinions
- Ultramares Corp. v. ToucheNew York Court of Appeals · 1931
- Glanzer v. . ShepardNew York Court of Appeals · 1922
- H. R. Moch Co. v. Rensselaer Water Co.New York Court of Appeals · 1928
- White v. GuarenteNew York Court of Appeals · 1977
- Port Chester Electrical Construction Corp. v. AtlasNew York Court of Appeals · 1976
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