Rouse v. Whited
New York Court of Appeals
Appeal from the Supreme Court. This action was brought in aJustice’s Court to recover moneys alleged, to have been paid by the plaintiff for the defendants.
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Appeal from the Supreme Court. This action was brought in aJustice’s Court to recover moneys alleged, to have been paid by the plaintiff for the defendants. The plaintiff gave in evidence an exemplified copy of a judgment roll in the Supreme Court in favor of one -Kelly against the plaintiff and the defendants and others for $117.89, rendered upon a note made by the defendants and indorsed by the plaintiff, and by others, and from which it appeared that the judgment roll was filed in the county of Albany, and that the judgment was rendered on the 21st day of March, 1856. The plaintiff then…
1Opinion of the CourtSutherland, J.
The only important question presented by this appeal is: Had the defendants a right to prove on the cross-examination that when Oliver Whited told the sheriff and both defendants told Seaman that the property levied on was the plaintiff’s, they at the same time and as part of the same conversation said that the debt (the execution debt) was the plaintiff’s debt or belonged to him to pay? It appears that the County Court reversed the judgment of the justice solely on the ground that the defendants had a right to prove such further statements, and that the Supreme Court reversed the judgment of…
2Cases cited5 opinions
- Mumford v. WhitneyNew York Supreme Court · 1836
- Griffith v. ReedNew York Supreme Court · 1839
- Forrest v. ForrestThe Superior Court of New York City · 1856
- Garey v. NicholsonNew York Supreme Court · 1840
- Dorlon v. DouglassNew York Supreme Court · 1849
3Cited by4 opinions
- Austin v. WilsonSuperior Court of Buffalo · 1890
- Talcott v. ChewU.S. Circuit Court for the Southern District of Georgia · 1885
- Austin v. WilsonThe Superior Court of New York City · 1890
- Carpenter v. NickersonNew York Court of Common Pleas · 1878