Coleman v. Bean
New York Court of Appeals
Appeal from a judgment of the court of common pleas of the city of Hew York, affirming a judgment in favor of the plaintiff, upon the decision of a single judge.
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Appeal from a judgment of the court of common pleas of the city of Hew York, affirming a judgment in favor of the plaintiff, upon the decision of a single judge. On the trial in Hay, 1859, before Judge Beady, without a jury, the plaintiff put in evidence an undertaking in writing, bearing date the 21st December; 1857, entitled in an action in the supreme court, wherein the plaintiff in this action was plaintiff, and the Galveston, Houston and Henderson Railroad Company was defendant, and executed by the defendants herein under their hands and seals. The body of the undertaking was in these…
1Opinion of the CourtJames C. Smith, J.
The sole question in this case is, whether the court erred in rejecting the testimony offered by the defendant. One branch of the offer was to show in contradiction the recitals in the undertaking, that no application had been made for the discharge of an attachment in the action in which the undertaking was entitled, and that no attachment had been issued or granted. The counsel for the applicant argues that the defendants were not estopped *380from thus showing the falsity of the recital, for the reason that, as the counsel assumes, the plaintiff did not rely upon the faith of the facts…
2Cases cited1 opinion
- Homan v. BrinckerhoffCourt for the Trial of Impeachments and Correction of Errors · 1845
3Cited by8 opinions
- Christal v. . KellyNew York Court of Appeals · 1882
- Billingsley v. HarrisWisconsin Supreme Court · 1891
- Kennedy v. BrownSupreme Court of Arkansas · 1878
- Bostwick v. . GoetzelNew York Court of Appeals · 1874
- Bildersee v. AdenNew York Supreme Court · 1872
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