Hangen v. . Hachemeister
New York Court of Appeals
Appeal from judgment of the General Term of the Superior. Court of the city of Hew York, entered upon an order made July 31, 1-886, which affirmed a judgment in favor of plaintiff, entered upon a verdict, and affirmed an order denying a motion for a new trial. When illegal evidence has been admitted against objection, which bears in the least degree on the result, it is fatal.
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Appeal from judgment of the General Term of the Superior. Court of the city of Hew York, entered upon an order made July 31, 1-886, which affirmed a judgment in favor of plaintiff, entered upon a verdict, and affirmed an order denying a motion for a new trial. When illegal evidence has been admitted against objection, which bears in the least degree on the result, it is fatal. (Baird v. Gillett, 47 N. Y. 187, 188; Worrell v. Parmilee, 1 Comst. 519; People v. Wiley, 3 Hill, 214.) Any evidence bearing on the issue erroneously admitted is ground for a new trial. (O'Hagan v. Dillon, 76 N. Y. 170;…
1Opinion of the CourtHaight, J.
This action was brought to recover the value of certain personal property, consisting of bar fixtures, gas fix turcs, water fixtures, pumps, counters, tables, chairs, glass ware, window shades and other property contained in the saloon at No. 44 Clinton place in the city of New York, which, it is alleged, was wrongfully and unlawfully taken from the plaintiff by the defendant, carried away and converted to his own use; and also for damages for breaking up and injuring the plaintiff’s business, reputation and credit.
The defense is that the property was taken by virtue of a chattel mortgage. It…
2Cases cited5 opinions
- Southard v. . BennerNew York Court of Appeals · 1878
- Schile v. . BrokhahusNew York Court of Appeals · 1880
- Russell v. . WinneNew York Court of Appeals · 1868
- Potts v. . HartNew York Court of Appeals · 1885
- Hoffman v. . ConnerNew York Court of Appeals · 1879
3Cited by41 opinions
- Benedict v. RatnerSupreme Court of the United States · 1925
- Zartman v. First National BankNew York Court of Appeals · 1907
- Smith v. Mine & Smelter Supply Co.Utah Supreme Court · 1907
- Estate of KochWisconsin Supreme Court · 1912
- Tootle v. KentSupreme Court of Oklahoma · 1903
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