Humphreys v. . N.Y., L.E. W.R.R. Co.
New York Court of Appeals
Appeal from an affirmance by the general term, supreme court, first department, of a judgment entered at special term, determining the rights of the parties and decreeing a recovery in favor of the plaintiffs against the railroad company for a large amount of money,, being for rent due plaintiffs, as trustees upon a lease of certain personal property to the company.
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Appeal from an affirmance by the general term, supreme court, first department, of a judgment entered at special term, determining the rights of the parties and decreeing a recovery in favor of the plaintiffs against the railroad company for a large amount of money,, being for rent due plaintiffs, as trustees upon a lease of certain personal property to the company. The action was tried without a jury, before a single judge at special term, who found the following, among other, facts: The railroad company is a corporation, and on the 19th of February, 1880, John Lowber Welsh and other…
1Opinion of the CourtPeckham, J.
The appellants claim that the trial court improperly excluded the evidence of the witnesses taken by deposition. A great deal of such evidence consisted of proof offered to show the opinion or the intention of the board of managers or the trustees in obtaining or executing the modified agreement. There was some evidence offered to show that the railroad company defendant was insolvent and unable to cony out the provisions of the original lease when the modified agreement was executed. That agreement recites that it is for the interest of the certificate holders that it should be executed. The…
2Cited by5 opinions
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- Hall v. HartfordNew York Supreme Court · 1906
- Vogel v. WeissmannCity of New York Municipal Court · 1898