Smith v. . Kerr
New York Court of Appeals
Isaac Potter, Abner Potter, and Elihu S. Smith, sued John Kerr and Charles S. Kimble in a justice’s court in the county of Erie.
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Isaac Potter, Abner Potter, and Elihu S. Smith, sued John Kerr and Charles S. Kimble in a justice’s court in the county of Erie. The declaration was in writing, and set forth that on, tfcc. the defendants leased of the plaintiffs a certain potashery with three potash kettles in the arches, worth thirty-five dollars each, and other articles used in that business; and that the defendants agreed with the plaintiffs, among other things, to return the articles at the expiration of the lease in as good condition as when they received the same, except the usual wear with fair usage; and if said…
1Opinion of the CourtJewett, C. J.
It was objected on the trial that the lease, which was under the seals of the parties, could not be given in evidence under the declaration which, as insisted by the defendant’s counsel, was in assumpsit. This objection was overruled by the common pleas; and I am of opinion that the declaration was sufficient in a justice’s court, to allow the plaintiffs to give in evidence under it the written agreement. The objection to it was, that the declaration was in assumpsit, and the agreement being under the seals of the parties was not, therefore, admissible in evidence as the foundation of an…
2Cases cited3 opinions
- Stuart v. President, Directors & Co. of the Mechanics' & Farmers' BankNew York Supreme Court · 1822
- Gram v. SetonThe Superior Court of New York City · 1828
- Smith v. TallcottNew York Supreme Court · 1839
3Cited by4 opinions
- Worrall v. . MunnNew York Court of Appeals · 1851
- Jeffreys v. ColemanSupreme Court of Florida · 1884
- Mutual Benefit Life Insurance v. BrownNew Jersey Court of Chancery · 1878
- Ferguson v. HanauerSupreme Court of Arkansas · 1892