Leask v. . Hoagland
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered April 18, 1911, affirming a judgment in favor of plaintiffs entered upon a decision of the court on trial at Special Term. The nature of the action and the facts, so far as material, are stated in the opinion. The admission of check stubs in evidence was error.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered April 18, 1911, affirming a judgment in favor of plaintiffs entered upon a decision of the court on trial at Special Term. The nature of the action and the facts, so far as material, are stated in the opinion. The admission of check stubs in evidence was error. (Wigmore on Ev. § 1539; Vosburgh v. Thayer, 12 Johns. 461; Smith v. Rentz, 131 N. Y. 169; Simons v. Steele, 82 App. Div. 202; Dykman v. Northbridge, 80 Hun, 258; Peck v. Von Keller, 70 N. Y. 604.) No basis of facts is…
1Opinion of the CourtGray, J.
The plaintiffs are the executors of Hudson Hoagland, deceased; whose will disposed of the residuary estate among his nephews and nieces in proportions stated. The defendant Charles F. Hoagland is a nephew, who had assigned to different persons portions of his share in the residuary estate. This action was brought against him and his assignees that it might be adjudged what amounts were due to the defendants and the order of their payment, “ after the set offs of said defendant’s, (Hoagland’s), indebtedness.” Questions had arisen on the accounting of the plaintiffs, as executors, upon…
2Cases cited3 opinions
- Nay v. . CurleyNew York Court of Appeals · 1889
- Stimson v. . VromanNew York Court of Appeals · 1885
- Livingston v. . ArnouxNew York Court of Appeals · 1874
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- Weed v. ClarkSupreme Judicial Court of Maine · 1920
- Hettrick Manufacturing Co. v. BarishAppellate Terms of the Supreme Court of New York · 1922
- People v. SelassieNew York Supreme Court · 1988
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