Steele v. . Lord
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the fourth judicial department, affirming a judgment in favor of plaintiffs, entered upon the report of a referee. The nature of the action and the facts sufficiently appear in the opinion. The referee erred in receiving secondary evidence to prove the drafts. (Blade v. Noland, 12 Wend., 173; Livingston v. Rogers, 2 J. Cas., 488; 2 C. & H., notes, 1216-1233; note 860; 1 Phil.
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Appeal from judgment of the General Term of the Supreme Court in the fourth judicial department, affirming a judgment in favor of plaintiffs, entered upon the report of a referee. The nature of the action and the facts sufficiently appear in the opinion. The referee erred in receiving secondary evidence to prove the drafts. (Blade v. Noland, 12 Wend., 173; Livingston v. Rogers, 2 J. Cas., 488; 2 C. & H., notes, 1216-1233; note 860; 1 Phil. Ev., 452; Jackson v. Bond, 18 J. R., 59; Jackson v. Fryer, 16 id., 196.) The loss or destruction of the: drafts having been proved and satisfactorily…
1Opinion of the CourtRapallo, J.
This action was brought to recover an alleged balance of account arising from advances made by the plaintiffs to the defendant for croquet sets agreed to be manufactured by the defendant for the plaintiffs under two contracts, one dated Sept. 4, 1869, and the other May 24, 1870. The indebtedness is denied by the answer, but the referee found due to the plaintiffs the sum of $3,545.28, including interest to the date of the report. ■
The advances were made principally by means of drafts drawn by the defendant upon the plaintiffs, and accepted by them and paid through their bankers. These drafts…
2Cases cited1 opinion
- Blade v. NolandNew York Supreme Court · 1834
3Cited by9 opinions
- Territory of Dakota ex rel. McMahon v. O'ConnorSupreme Court Of The Territory Of Dakota · 1889
- Gibbs v. PotterIndiana Supreme Court · 1906
- Dearing v. PearsonNew York Court of Common Pleas · 1894
- United States v. TeehanDistrict Court, E.D. New York · 1956
- Mason v. LibbeyNew York Court of Appeals · 1882
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