Morgan v. Foran
Appellate Division of the Supreme Court of the State of New York
Appeal by. the plaintiff, Rollin M. Morgan, as executor, • etc., from a judgment of the Supreme Court in favor of the defendant, entered in-the office of the clerk of the county of Mew York on the 15th day- of January, 1906, upon the verdict of a jury, and also from an order, entered in said clerk’s office on the 12th day of December, 1905, denying the plaintiff’s motion for a new trial made upon the minutes. " .
1Dissent
Scott, J. (dissenting):
In my opinion the plaintiff opened the door wide for testimony on the part of the defendant as to the circumstances under which she received the money now sued for. The only evidence that defendant ever received the money from decedent was testimony on the part of plaintiff and his partners that defendant" admitted to them in their office that decedent liad given her the money." The proof of this admission was equivalent to calling defendant as a witness and eliciting from her by direct questions the fact that at a certain time or times the decedent had given her a sum…
2Cases cited3 opinions
- Nay v. . CurleyNew York Court of Appeals · 1889
- Cole v. . SweetNew York Court of Appeals · 1907
- Mahoney v. JonesAppellate Division of the Supreme Court of the State of New York · 1898