Legal Opinion

American Surety Co. v. McDermott

New York Court of Common Pleas

Decided June 4, 1894Published

Appeal from trial term. Action by the American Surety Company of New York against George A. McDermott. There was a judgment in favor of plaintiff (25 N. Y. Supp. 467), and defendant appeals.

1Opinion of the CourtBookstaver, J.

On the trial, certain evidence was admitted provisionally, and upon the decision of this action the court ruled such evidence was inadmissible, and it was therefore stricken out; and to this ruling the defendant excepted in due season, and the main question upon this appeal relates to the admissibility of the evidence so stricken out. The learned judge who tried the case correctly ruled, we think, upon this question, and for the reasons so clearly stated by him in his opinion (25 N. Y. Supp. 467) there is left but little to add thereto. The intention of the appellant to bind himself…

2Cases cited4 opinions

  1. Vilas v. . PageNew York Court of Appeals · 1887
  2. Rogers v. WendellNew York Supreme Court · 1889
  3. American Surety Co. v. McDermottNew York Court of Common Pleas · 1893
  4. Rogers v. WendellNew York Supreme Court · 1889

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