Bradley v. . Mirick
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court, in the fourth judicial department, made October 28, 1881, which affirmed an order of Special Term granting a new trial herein. (Reported below, 25 Hun, 272.) . This action, was brought originally by Benjamin J. Bradley; the present plaintiff’s intestate, to recover the value of a quantity of oil, alleged to have been delivered by him to defendant npon the promise of the latter to return a like quality and quantity.
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Appeal from order of the General Term of the Supreme Court, in the fourth judicial department, made October 28, 1881, which affirmed an order of Special Term granting a new trial herein. (Reported below, 25 Hun, 272.) . This action, was brought originally by Benjamin J. Bradley; the present plaintiff’s intestate, to recover the value of a quantity of oil, alleged to have been delivered by him to defendant npon the promise of the latter to return a like quality and quantity. Defendant appeared by attorney and issue was joined which was regularly noticed for trial by plaintiff at a Circuit. It…
1Opinion of the CourtRapallo, J.
We think that the minutes of the testimony of Bradley, the original plaintiff, given on the first trial of this action, should have been received as evidence on the second trial, he having died in the mean time. This kind of evidence was admissible at common law, on the grounds that it was not subject to the objection of being extra-judicial or without oath, and also that the party affected by it had the power to cross-examine. (1 Phil. Ev. 389, 400.) The common-law rule (in its application to parties examined as witnesses) has been incorporated into the Code (Code of Civil Procedure, § 830),…
2Cited by17 opinions
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- Mid-City Bank & Trust Co. v. Reading Co.District Court, D. New Jersey · 1944
- Morley v. CastorAppellate Division of the Supreme Court of the State of New York · 1901
- Shaw v. New York Elevated RailroadNew York Court of Appeals · 1907
- Deering v. SchreyerAppellate Division of the Supreme Court of the State of New York · 1903
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