Gardiner v. Hopkins
New York Supreme Court
Error from the Nevv-York common pleas. Hopkins sued Gardiner in the common pleas, and declared that one Charles Wiley, being indebted to him in a large sum of money, to wit, &c. for work and labor, care and diligence in the printing of a certain book, the sheets of which book, or some part thereof, were in the possession of the plaintiff as his security for the payment of the said sum, the defendant promised to pay the plaintiff such sum so owing to him by Wiley, in…
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Error from the Nevv-York common pleas. Hopkins sued Gardiner in the common pleas, and declared that one Charles Wiley, being indebted to him in a large sum of money, to wit, &c. for work and labor, care and diligence in the printing of a certain book, the sheets of which book, or some part thereof, were in the possession of the plaintiff as his security for the payment of the said sum, the defendant promised to pay the plaintiff such sum so owing to him by Wiley, in consideration of the plaintiff’s delivering to Wiley the sheets of the book remaining in his possession; averring a delivery of…
1Opinion of the Court
By the Court,
Marcy, J.
If, on the examination of the facts contained in the bill of exceptions, we should think the verdict was against the weight of evidence, that would not be a ground to reverse the judgment in the court below. We are to review the questions of law presented by the record, and examine the facts only with a view to come at a proper understanding of the questions of law.
It was fairly left to the jury to say whether the defendant below actually made the promise set forth in the declaration, and they found that he did make it. On the assumption of this fact, his counsel urged…
2Cited by5 opinions
- Mallory v. . GillettNew York Court of Appeals · 1860
- Fowler v. MollerThe Superior Court of New York City · 1863
- Mallory v. . GillettNew York Court of Appeals · 1860
- Robinson v. GilmanSupreme Court of New Hampshire · 1862
- Swift v. PierceMassachusetts Supreme Judicial Court · 1866