Cook v. . Barr
New York Court of Appeals
Appeal from an order of the General Term of the Superior Court of Buffalo, affirming a judgment for the plaintiff upon the decision of a Special Term of that court. In September, 1858, the plaintiff, being the owner of two parcels of real estate in the city of Buffalo, executed a deed of conveyance thereof to the defendant, which deed contained covenants of seizin and common warranty.
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Appeal from an order of the General Term of the Superior Court of Buffalo, affirming a judgment for the plaintiff upon the decision of a Special Term of that court. In September, 1858, the plaintiff, being the owner of two parcels of real estate in the city of Buffalo, executed a deed of conveyance thereof to the defendant, which deed contained covenants of seizin and common warranty. The defendant on the same day executed to the plaintiff his bonds and two mortgages of distinct portions of the premises so conveyed, each reciting that it was given to secure a portion of the purchase-money. In…
1Opinion of the Court
Earl, C.
When a party to a civil action has made admissions of facts material to the issue in the action, it is always competent for the adverse party to give them in evidence; and it matters not whether the admissions were in writing or by parol, nor when nor to whom they were made. Admissions, do not furnish conclusive evidence of the facts admitted, unless they were made under such circumstances as to constitute an estoppel, or were made in the pleadings in an action, when they are conclusive in that action. They may be contained in a letter addressed to the opposite party, or to a third…
2Cited by68 opinions
- Pope v. AllisSupreme Court of the United States · 1885
- Reed v. . McCordNew York Court of Appeals · 1899
- Smith v. GaleSupreme Court of the United States · 1892
- Eisenlord v. . ClumNew York Court of Appeals · 1891
- Michigan National Bank-Oakland v. American Centennial InsuranceNew York Court of Appeals · 1996
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