Smith v. . Rentz
New York Court of Appeals
Appeal from judgment of tlie General Term of the Supreme Court in the first judicial department, entered upon an order made the first Monday of January, 1891, which affirmed a judgment in favor of plaintiff entered upon the report of a referee. The nature of the action and the facts, so far as material, are stated in the opinion. The ledgers were not admissible in evidence.
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Appeal from judgment of tlie General Term of the Supreme Court in the first judicial department, entered upon an order made the first Monday of January, 1891, which affirmed a judgment in favor of plaintiff entered upon the report of a referee. The nature of the action and the facts, so far as material, are stated in the opinion. The ledgers were not admissible in evidence. (1 Greenl. on Ev. 652; 2 Phillips on Ev. 537; Sayer v. Kitchen, 1 Esp. 209 ; Kinney v. Clarkson, 1 Johns. 394; Stalker v. Gaunt, 12 N. Y. 124; Carrodine v. Hotchkiss, 120 id. 608; Austin v. Thompson, 45 N. H. 113.) Even if…
1Opinion of the CourtAndrews, J.
The action was brought to recover moneys advanced to and paid out by the plaintiff’s testator for the defendant. The complaint alleges that from 1882 to 1887 the testator was the banker and general business agent for the defendant, and that during said years the defendant from time to time deposited moneys with the testator and the latter, as requested by the defendant, from her funds in his hands, and when these were insufficient, from his own, paid her different sums in cash, and also paid taxes and tradesmen’s bills for which she was liable, and that there was a balance due the testator on…
2Cases cited4 opinions
- Vosburgh v. ThayerNew York Supreme Court · 1815
- Carradine v. . HotchkissNew York Court of Appeals · 1890
- Lawrence v. Van Horne & ClarksonNew York Supreme Court · 1803
- Blake v. RussSupreme Judicial Court of Maine · 1851
3Cited by40 opinions
- Fay v. New YorkSupreme Court of the United States · 1947
- Hoffman v. PalmerCourt of Appeals for the Second Circuit · 1942
- McCarthy v. PalmerDistrict Court, E.D. New York · 1939
- West Virginia Architects & Builders v. StewartWest Virginia Supreme Court · 1911
- Stephan v. MetzgerMissouri Court of Appeals · 1902
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