Tooker v. Gormer
New York Court of Common Pleas
Appeal by defendant from a judgment of the First District Court. In May, 1856, the plaintiff delivered to the defendant’s express, running between New York and Bloomfield, a cask of crockery to be carried to one A. Livingston, with directions to collect the bill therefor on delivery. A Mr. Kent was employed at the time as the driver of the express.
Read the full summary
Appeal by defendant from a judgment of the First District Court. In May, 1856, the plaintiff delivered to the defendant’s express, running between New York and Bloomfield, a cask of crockery to be carried to one A. Livingston, with directions to collect the bill therefor on delivery. A Mr. Kent was employed at the time as the driver of the express. The goods having been delivered without collecting the bill, an action was commenced therefor against Mr. Kent, in which judgment was rendered against the plaintiff, it appearing that Mr. Kent was not the owner of the express. This action was then…
1Opinion of the Court
By the Court, Daly, First Judge.
The statements made by *73the defendant under oath, as a witness in the suit between the plaintiff and Kent, were admissable to charge him. Collet v. Lord Keith, 4 Esp. 212; Milward v. Forbes, Id. 171. The declarations or statements of a party in respect to the subject matter, may always be given in evidence against him, and especially so when the statement was made by him as a witness in a court of j ustice.
The declarations of Kent, as they formed no part of the res gestae, were not admissible. The declarations or statements of one, neither a party nor a privy,…
2Cited by5 opinions
- Fisher v. MonroeNew York Court of Common Pleas · 1893
- Desbecker v. McFarLineAppellate Division of the Supreme Court of the State of New York · 1899
- Feiber v. Manhattan Dist. Tel. Co.New York Court of Common Pleas · 1888
- Oakley v. SearsThe Superior Court of New York City · 1864
- Shipman v. FrechNew York Court of Common Pleas · 1889