Putnam v. Lincoln Safe Deposit Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Charles H. Sturges, as executor, etc.,, of Mary Steiner Putnam, deceased, and others, from a judgment of the Supreme Court in favor of the plaintiff and certain of the defendants, entered in the office of the clerk of the county of Saratoga on the 13th day of February, 1903, upon the report of a referee.
1Concurrence
Chase, J. (concurring) >
The statement of the trustee was not made contemporaneously with the acts therein mentioned. It was not, therefore, a part "of .the res gestae, and if does not in anyway relate to a matter of public interest. It is a private document, the admissions in which are competent evidence against the maker, but not, ordinarily, evidence against a stranger to it. ; .
At the time it was made there was no dispute about the amount that the trustee had received from the executors of the Shoe-maker estate. He had receipted therefor, but had transferred the legal title to the personal…
2Cases cited1 opinion
- Putnam v. Lincoln Safe Deposit Co.New York Supreme Court · 1903