Lamphear v. MacLean
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Charles Lamphear, from an order of the Supreme Court, made at the Kings County Trial Term and entered in the office of the clerk of the county of Kings on the M-th day of December, 1915, setting aside the verdict of a jury with respect to the first question submitted to it and granting a new trial on said question in a partition suit.
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Appeal by the plaintiff, Charles Lamphear, from an order of the Supreme Court, made at the Kings County Trial Term and entered in the office of the clerk of the county of Kings on the M-th day of December, 1915, setting aside the verdict of a jury with respect to the first question submitted to it and granting a new trial on said question in a partition suit. The verdict was set aside on the ground of error in handing to the jury the entire letter, Exhibit 0, for identification, which the jury took with them into the jury room, the principal contents of which letter have been excluded as…
1Opinion of the Court
Putnam, J.:
In the trial of framed issues arising in a partition suit the plaintiff sought to have an instrument absolute in terms, passing his interest in the estate of his grandfather, declared to be a mortgage to. secure $2,000. The grantees were plaintiff’s brother, the defendant Amos S. Lamphear, and his sister, Mrs. Katherine L. MacLean, since deceased. A letter to plaintiff from Mrs. MacLean, on three separate sheets, was offered and marked only for identification. A few passages were read in evidence, which were received only as against Mrs. MacLean’s executors, and those in privity…
2Cases cited8 opinions
- Bates v. PrebleSupreme Court of the United States · 1894
- Trinity County Lumber Co. v. DenhamTexas Supreme Court · 1895
- Whitney v. WhitmanMassachusetts Supreme Judicial Court · 1809
- Bowen v. BowenSupreme Court of Connecticut · 1847
- Railroad v. LeeTennessee Supreme Court · 1895
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3Cited by11 opinions
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- Long v. PayneAppellate Division of the Supreme Court of the State of New York · 1921
- State v. GrantNew Jersey Superior Court Appellate Division · 1992
- State v. WeilerNew Jersey Superior Court Appellate Division · 1986
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