Viele v. . McLean
New York Court of Appeals
Appeal from a judgment entered February 1, 1909, upon an order of the Appellate Division of the Supreme Court in the fourth judicial department, which affirmed an interlocutory judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term. The nature of the action and the facts, so far as material, are stated in the opinion. Plaintiff’s exhibits are self-serving declarations and are incompetent evidence.
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Appeal from a judgment entered February 1, 1909, upon an order of the Appellate Division of the Supreme Court in the fourth judicial department, which affirmed an interlocutory judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term. The nature of the action and the facts, so far as material, are stated in the opinion. Plaintiff’s exhibits are self-serving declarations and are incompetent evidence. (Bank of N. A. v. Delafield, 126 N. Y. 410; Learned v. Tillotson, 97 N. Y. 1; Talcott v. Harris, 93 N. Y. 567; Grant v. Pratt & Lambert, 87 App. Div. 490;…
1Opinion of the Court
Cullen, Ch. J.
This action was brought to have the plaintiff declared a partner of the defendant in the purdíase of certain real estate, for the sale of such real estate and for a settlement of the partnership interests. The answer of the defendants put in issue the alleged partnership. On the trial of the action, the plaintiff was permitted, over the objection and exception of the defendants, to putin evidence the following written statement which lie sent to the defendants: “ On October 14, 1904, it .was agreed by Mr. McLean, before three'' witnesses and Niele, that Niele should have…
2Cases cited3 opinions
- Learned v. . TillotsonNew York Court of Appeals · 1884
- Talcott v. . HarrisNew York Court of Appeals · 1883
- Thomas v. . GageNew York Court of Appeals · 1894
3Cited by10 opinions
- Leach & Co. v. PeirsonSupreme Court of the United States · 1927
- Andrew v. HansonSupreme Court of Iowa · 1928
- People v. AlexanderNew York Supreme Court · 1987
- Murata Manufacturing Co. v. Bel Fuse, Inc.District Court, N.D. Illinois · 2006
- Curtsinger v. McGownCourt of Appeals of Texas · 1912
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