Perrine v. Hotchkiss
New York Supreme Court
APPEAL by the defendant from a judgment entered upon the report of a referee. The plaintiff and defendant, after about the 1st of. September, 1858, down to and into the year 1862, had mutual, open and current accounts with, each other. The plaintiff, during the ' time, kept quite an extensive jewelry establishment in the village of Lyons, and also carried on a large farm near said village. The defendant was and is a dealer in peppermint oil and produce.
Read the full summary
APPEAL by the defendant from a judgment entered upon the report of a referee. The plaintiff and defendant, after about the 1st of. September, 1858, down to and into the year 1862, had mutual, open and current accounts with, each other. The plaintiff, during the ' time, kept quite an extensive jewelry establishment in the village of Lyons, and also carried on a large farm near said village. The defendant was and is a dealer in peppermint oil and produce. About the time these mutual accounts commenced, the plaintiff became the defendant’s indorser, not only to raise money for the defendant’s…
1Opinion of the Court
By the Court, Johnson, J.
We are all of the opinion that the judgment must be reversed, for errors committed upon the trial, in receiving improper evidence *86against the defendant’s objections. We think the statement from the bank-books of the Bank of Geneva, was improperly received in evidence. This statement appears to have been received in evidence for the purpose of establishing the truth of the statements therein contained as to the amount of paper which had been discounted at that-bank for the defendant, and the number of notes so discounted and renewed. The books themselves could not have…
2Cited by6 opinions
- United American Life Insurance Company v. WilleyUtah Supreme Court · 1968
- Grannis v. TempleAppellate Terms of the Supreme Court of New York · 1914
- Yates v. RootAppellate Division of the Supreme Court of the State of New York · 1896
- State ex rel. Pabst Brewing Co. v. CarpenterWisconsin Supreme Court · 1906
- Clancey v. LoseyNew York Supreme Court · 1892
1 more not listed; retrieve them via the Exa API.