Talbot v. . Laubheim
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered February 21, 1906, affirming a judgment in favor of plaintiff entered upon, a verdict directed by the court and an order denying a motion for a new trial. The nature of the action and the facts, so far as material, are stated in the opinion. Talbot, Keene and Gamin were all incompetent to testify under section 829 of the Code of Civil Procedure.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered February 21, 1906, affirming a judgment in favor of plaintiff entered upon, a verdict directed by the court and an order denying a motion for a new trial. The nature of the action and the facts, so far as material, are stated in the opinion. Talbot, Keene and Gamin were all incompetent to testify under section 829 of the Code of Civil Procedure. ( Wilcox v. Corwin, 117 N. Y. 500; Church v. Howard, 79 N. Y. 415; Holcomb v. Holcomb. 95 N. Y. 316; Wallace v. Strauss, 113 N. Y. 238 ;…
1Opinion of the CourtChase, J.
This action is brought for goods sold and delivered by the plaintiff’s assignor to the defendants as originally named in the action. The defendant Samuel Laubheim died after the commencement of the action, and by consent the administrators with the will annexed of said Samuel Laubheim, deceased, were substituted as defendants in his place and stead. The defendants appeared generally and interposed an answer to the plaintiff’s complaint, in which they denied, the material allegations thereof and also alleged therein certain defenses and counterclaims. On the trial the plaintiff produced…
2Cases cited6 opinions
- Cook v. . BarrNew York Court of Appeals · 1870
- Bruce v. . BurrNew York Court of Appeals · 1876
- Societa Italiana Di Beneficenza v. SulzerNew York Court of Appeals · 1893
- Young v. KatzAppellate Division of the Supreme Court of the State of New York · 1897
- Klein v. . East River Electric Light Co.New York Court of Appeals · 1905
1 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- Brockett v. JensenSupreme Court of Connecticut · 1966
- Kraus v. . BirnbaumNew York Court of Appeals · 1910
- Reynolds v. SnowAppellate Division of the Supreme Court of the State of New York · 1960
- Wilcox v. DowningSupreme Court of Connecticut · 1914
- In Re the Probate of the Will of McCullochNew York Court of Appeals · 1934
18 more not listed; retrieve them via the Exa API.