Eighmie v. Taylor
New York Supreme Court
Appeal from circuit court. Action, by Jeremiah Eighmie against Edgar B. Taylor, as administrator. From a judgment for plaintiff, entered on the verdict of a jury, and from an order denying the defendant’s motion for a new trial, made on a case and exceptions, defendant appeals. On December 81, 1872, the defendant’s intestate sold to the plaintiff an interest in certain oil' wells situated in Pennsylvania.
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Appeal from circuit court. Action, by Jeremiah Eighmie against Edgar B. Taylor, as administrator. From a judgment for plaintiff, entered on the verdict of a jury, and from an order denying the defendant’s motion for a new trial, made on a case and exceptions, defendant appeals. On December 81, 1872, the defendant’s intestate sold to the plaintiff an interest in certain oil' wells situated in Pennsylvania. Subsequently the plaintiff commenced an action against the defendant- to recover damages for an alleged breach of warranty made on such sale. A verdict was recovered, which was affirmed at…
1Opinion of the CourtMartin, J.
The first and most serious question presented on this appeal is whether the court properly admitted the evidence of the plaintiff’s wife as to the conversations and transactions which took place between her husband and the defendant’s intestate, she being the real party in interest. When this evidence was offered she was clearly interested in the event of the action. The respondent contends that, as she was not interested when the conversations and transactions occurred, she was competent at the time of the trial. We find no authority sustaining this claim. It was held in Comins v. Hetfield,…
2Cases cited20 opinions
- Holcomb v. . HolcombNew York Court of Appeals · 1884
- Clift v. . MosesNew York Court of Appeals · 1889
- Church v. . HowardNew York Court of Appeals · 1880
- Badger v. . BadgerNew York Court of Appeals · 1882
- Cary v. . WhiteNew York Court of Appeals · 1874
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3Cited by5 opinions
- Griswold v. . HartNew York Court of Appeals · 1912
- In re Forkington's WillNew York Supreme Court · 1894
- Collins v. McGuireAppellate Division of the Supreme Court of the State of New York · 1902
- Collins v. McGuireAppellate Division of the Supreme Court of the State of New York · 1902
- Griswold v. HartAppellate Division of the Supreme Court of the State of New York · 1911