Daby v. . Ericsson
New York Court of Appeals
Appeal from an order of the General Term of the Supreme Court in the first district, affirming a judgment entered upon a verdict for the plaintiff for $5,372.13, rendered by direction of the court.
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Appeal from an order of the General Term of the Supreme Court in the first district, affirming a judgment entered upon a verdict for the plaintiff for $5,372.13, rendered by direction of the court. The action was brought upon a judgment recovered, December 8th, 1846, against the defendant, for $3,013.11, by Charles Dimmock, William A. Spark, and Francis B. Dean, Jr., in the Superior Court of the city of New York, upon which, it was admitted, the sum of $1,000 was paid November 13th, 1847. It was commenced August 9th, 1866. The plaintiff claimed title under an assignment executed by Dean, as…
1Opinion of the CourtAndrews, J.
The exception to the admission of the part of the answer of the witness, Dean, to the fourth direct interrogatory, was not well taken, for two reasons; first, the evidence was material, and the objection was general and did not indicate the ground which is now taken, viz., that the answer was not responsive; and, second, the portion of the answer objected to was explanatory of a prior statement, made in the same answer by the witness, that he had no pecuniary interest in the judgment, and that Mrs. Dimmock was entitled to it as the representative of her husband.
This part of the answer was…
2Cases cited5 opinions
- Petersen v. . Chemical BankNew York Court of Appeals · 1865
- Ingraham v. . BaldwinNew York Court of Appeals · 1853
- Murray v. MumfordNew York Supreme Court · 1826
- Miller v. Smith's ExecutorsCourt for the Trial of Impeachments and Correction of Errors · 1836
- Peters v. DavisMassachusetts Supreme Judicial Court · 1811
3Cited by19 opinions
- Williams v. . WhedonNew York Court of Appeals · 1888
- Lamborn & Co. v. United StatesUnited States Court of Claims · 1946
- Nehrboss v. . BlissNew York Court of Appeals · 1882
- Molloy v. RourkeSupreme Court of Connecticut · 1910
- Hanson v. MetcalfSupreme Court of Minnesota · 1891
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