Raymond v. Howland
New York Supreme Court
This was an action on the case tried at the New York circuit in February, 1835, before the Hon. Ogden Edwards, one of the circuit judges. The declaration charged the defendant with a false representation as to the credit of Messrs. Lotting, Adams & Stewart, a mercantile house at Matanzas, to which the plaintiff was about to make a shipment of goods [390] to be sold on commission, and which shipment was subsequently made and lost by the insolvency of the consignees.
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This was an action on the case tried at the New York circuit in February, 1835, before the Hon. Ogden Edwards, one of the circuit judges. The declaration charged the defendant with a false representation as to the credit of Messrs. Lotting, Adams & Stewart, a mercantile house at Matanzas, to which the plaintiff was about to make a shipment of goods [390] to be sold on commission, and which shipment was subsequently made and lost by the insolvency of the consignees. On the trial of the cause, the plaintiff, in support of his action, offered to read in evidence a letter from one of the firm at…
1Opinion of the Court
By the Court,
Nelson, Ch. J.
The ruling of the judge that if the plaintiff read any one of the letters, deposited by the defendant under the order made for that purpose, he was bound to read the whole of them, if required to do so by the defendant, was correct. In Lawrence v. The Ocean Insurance Company (11 Johns. R. 260), the plaintiff furnished to the defendants, under oath, a number of letters of the master of the ship Atlantic, and others, in pursuance of a rule of court, previously obtained by the defendants. On the trial, an objection was made by the counsel for the plaintiff to the…
2Cited by3 opinions
- Abrahams v. SwannWest Virginia Supreme Court · 1881
- Lathrop v. . BramhallNew York Court of Appeals · 1876
- People v. Bevins, New York County Courts1911