Murray v. Smith
The Superior Court of New York City
Appeal by the defendant from a judgment at special term ' upon a verdict in favor of the plaintiff. The action, which was commenced before the Code, was upon special promises, and the issues raised by the pleadings were tried before Mr.* Justice Paine and a jury in November term, 1851. The suit was originally brought against Peter Smith, as surviving executor of the last will, &c., of Hugh Smith, deceased.
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Appeal by the defendant from a judgment at special term ' upon a verdict in favor of the plaintiff. The action, which was commenced before the Code, was upon special promises, and the issues raised by the pleadings were tried before Mr.* Justice Paine and a jury in November term, 1851. The suit was originally brought against Peter Smith, as surviving executor of the last will, &c., of Hugh Smith, deceased. Upon the death of the executor, the present defendant, Bartlett Smith, as administrator, with the will annexed, was made the defendant. The first count of the declaration stated, in…
1Opinion of the CourtBy the Court. Bosworth, J.
This action was commenced prior to the enactment of the Code, and was tried in November, 1851. The questions presented to us for consideration arise upon a bill of exceptions taken at the trial, and are questions of law only. I am of opinion that the charge given to the jury was substantially unexceptionable, and that no error was committed at the trial, unless it was in refusing to nonsuit the plaintiff, or in the admission of evidence against the objection of the defendant.
An exception to the whole charge, and to each and every part thereof, is too broad, if any part of the charge be…
2Cases cited3 opinions
- M'Crea v. PurmortCourt for the Trial of Impeachments and Correction of Errors · 1836
- Torrey v. Bank of OrleansNew York Court of Chancery · 1842
- Nodine v. GreenfieldNew York Court of Chancery · 1839
3Cited by28 opinions
- Barker v. . BradleyNew York Court of Appeals · 1870
- Ferris v. . HardNew York Court of Appeals · 1892
- Carver v. LouthainIndiana Supreme Court · 1872
- Halliday v. . HartNew York Court of Appeals · 1864
- Dows v. RushNew York Supreme Court · 1858
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