Hatch v. . Elkins
New York Court of Appeals
Appeal from the judgment of the General Term of the Supreme Court in the second judicial department affirming a judgment in favor of plaintiffs, entered upon the report of a referee. This action was brought to foreclose a mortgage made by defendants which, on its face, was to secure the payment of $7,500 and interest, on the first day of January, 1870, and which covered certain lands situated in Brooklyn.
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Appeal from the judgment of the General Term of the Supreme Court in the second judicial department affirming a judgment in favor of plaintiffs, entered upon the report of a referee. This action was brought to foreclose a mortgage made by defendants which, on its face, was to secure the payment of $7,500 and interest, on the first day of January, 1870, and which covered certain lands situated in Brooklyn. In 1869 the plaintiffs were brokers, doing business in the city of Mew York, and prior to April twenty-eighth of that year they had made short sales of stocks and bonds for one Badger, and…
1Opinion of the Court
Earl, C.
There was very little proof (and that controverted) except the admissions of Badger that the accounts thus received in evidence were true, and that the balance claimed was justly due, and hence the material inquiry is, whether the evidence thus objected to was competent ? The claim is made by the learned counsel for plaintiffs, that the relations between Badger and Elkins were such that the admissions and acknowledgment of the former as to the amount due from him to the plaintiffs upon the short account are competent and sufficient evidence against the latter to establish the fact. I…
2Cases cited1 opinion
- Hotchkiss v. LyonIndiana Supreme Court · 1829
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- Heenan v. DavisSupreme Court of Oklahoma · 1938
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