Dillon v. . Cockcroft
New York Court of Appeals
This action was brought to recover possession of certain personal property. The principal question was as to whether plaintiff showed title. The court held that there was sufficient evidence to sustain a verdict in his favor. A stipulation of facts made before trial by the attorney for the respective parties was produced and read. It appears on its face to be “ a statement of the facts in this action.”
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This action was brought to recover possession of certain personal property. The principal question was as to whether plaintiff showed title. The court held that there was sufficient evidence to sustain a verdict in his favor. A stipulation of facts made before trial by the attorney for the respective parties was produced and read. It appears on its face to be “ a statement of the facts in this action.” After the reading of the stipulation plaintiff offered himself as a witness. Defendant’s counsel objected to any oral evidence on the ground that the facts had been stipulated, and the terms of…
1Opinion of the Court
Miller, J.,
reads for affirmance.
All concur, except Andrews, Ch. J., dissenting, and Rapadlo and Tracy, JJ., absent.
Judgment affirmed.
2Cited by64 opinions
- Porges v. United States Mortgage & Trust Co.New York Court of Appeals · 1911
- Burnham v. North Chicago St. Ry. Co.Court of Appeals for the Seventh Circuit · 1898
- McGuire v. Hartford Fire InsuranceAppellate Division of the Supreme Court of the State of New York · 1896
- Trimble v. . N.Y.C. H.R.R.R. Co.New York Court of Appeals · 1900
- Yankton Fire Ins. v. Fremont, E. & M. V. R.South Dakota Supreme Court · 1895
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