Holmes v. . Moffat
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the first judicial department, entered upon an order made May 28, 1887, which affirmed a judgment in favor of defendants entered upon a verdict. The action is for false representations and deceit in the sale to plaintiff of certain mining stocks of the Little Pittsburg Consolidated Mining Company, and was brought against the defendant Moffat and Jerome B. Chaffee as copartners.
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Appeal from judgment of the General Term of the Supreme Court in the first judicial department, entered upon an order made May 28, 1887, which affirmed a judgment in favor of defendants entered upon a verdict. The action is for false representations and deceit in the sale to plaintiff of certain mining stocks of the Little Pittsburg Consolidated Mining Company, and was brought against the defendant Moffat and Jerome B. Chaffee as copartners. The material facts are stated in the opinion. It was error for the court to refuse to charge that it was illegal for the mining company to accept in…
1Opinion of the CourtParker, J.
During the progress of the trial the defendant read in evidence the testimony of several witnesses taken on commission. This included similar, but irrelevant statements made by three of them. That of the first was read before objection made and counsel promptly moved to strike it out, and the motion was denied. As to the other witnesses, the objectionable testimony was received under exception.
Subsequent reflection led the court to the conclusion that it should not have been admitted, and in the charge to the jury an attempt was made to rectify the error. The court, referring to the improper…
2Cases cited4 opinions
- Pennsylvania Co. v. RoySupreme Court of the United States · 1880
- Erben v. . LorillardNew York Court of Appeals · 1859
- In Re the Estate of McGrawNew York Court of Appeals · 1888
- Furst v. . Second Avenue Railroad CompanyNew York Court of Appeals · 1878
3Cited by43 opinions
- People v. . PrioriNew York Court of Appeals · 1900
- People v. . SmithNew York Court of Appeals · 1902
- Cole v. . Fall Brook Coal Co.New York Court of Appeals · 1899
- People v. . SchooleyNew York Court of Appeals · 1896
- Blashfield v. Empire State TelephoneNew York Court of Appeals · 1895
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