Livingston v. Tyler
Supreme Court of Connecticut
This was an action on the covenants of an indenture, dated , , . _ _ ^ _ executed by the parties, the 1st of March, 1831. By jnstrumen^ plaintiff leased to the defendants a tract 0f land in the Hardenburgh patent, in Greene county, in the state of New-York, “lying between the Northerly bounds thereof and the top of the mountain, South of the Schoharie Kill,” for the term of ten years, granting the defendants the right to cut and saw timber on the premises ; and the…
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This was an action on the covenants of an indenture, dated , , . _ _ ^ _ executed by the parties, the 1st of March, 1831. By jnstrumen^ plaintiff leased to the defendants a tract 0f land in the Hardenburgh patent, in Greene county, in the state of New-York, “lying between the Northerly bounds thereof and the top of the mountain, South of the Schoharie Kill,” for the term of ten years, granting the defendants the right to cut and saw timber on the premises ; and the defendants, on their part, stipulated to allow and pay the plaintiff, as part of the rent, for a quantity of bark to be taken by…
1Opinion of the CourtChurch, J.
1. To lay the foundation for the admission in evidence of the original book kept by the defendants’ deceased clerk, Harrison, it was claimed, or admitted, that all the bark taken under the contract in question, by the defendants, was carried to their tannery; that Harrison was employed as clerk by the defendants, with directions, and whose duty it was, to receive the bark, and keep an account of its receipt; that it had been his constant practice to make entries of the loads of bark, as they were received by him, at the defendants’ tannery; that the book offered in evidence consisted of…
2Cases cited1 opinion
- Merrill v. Ithaca & Owego Rail RoadNew York Supreme Court · 1837
3Cited by7 opinions
- In re Proving the Last Will & Testament of BarneyAppellate Division of the Supreme Court of the State of New York · 1919
- Ashmead v. ColbySupreme Court of Connecticut · 1857
- State v. MasseConnecticut Superior Court · 1962
- Swan v. ThurmanMichigan Supreme Court · 1897
- Bartholomew v. FarwellSupreme Court of Connecticut · 1874
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