Hill v. . Woolsey
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the second judicial department, entered upon an order made December 14, 1886, which affirmed a judgment in favor of plaintiff, entered upon a verdict. The nature of the action and the material facts are stated in the opinion.
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Appeal from judgment of the General Term of the Supreme Court in the second judicial department, entered upon an order made December 14, 1886, which affirmed a judgment in favor of plaintiff, entered upon a verdict. The nature of the action and the material facts are stated in the opinion. The proposed testimony of Woolsey was not to prove “a personal transaction or communication ” between him and the deceased plaintiff; it was only to prove the fact that such a communication was made and should have been received. (Robbins v. Richards, 2 Bosw. 248; 1 Greenl. on Ev. §§ 100, 101; Wadsworth v…
1Opinion of the CourtPeckham, J.
This action was' brought by plaintiffs’ decedent (who died prior to the trial), to recover the amount alleged to be due him for rent on a lease of a hotel which he had leased fo two men named Wise and Carpenter, and for the payment of the rent of which premises the defendants became sureties. The defendants answered the complaint and alleged that the plaintiffs’ decedent had induced them to sign as sureties for the tenants by reason of certain false and fraudulent representations made to them by him, and that as soon as the fraud and the falsity of the representations were discovered the…
2Cited by2 opinions
- Harris v. MorrisonSupreme Court of Kansas · 1917
- People v. MartinAppellate Division of the Supreme Court of the State of New York · 1903