Duval v. Covenhoven
New York Supreme Court
This was an action of assumpsit, tried at the Montgomery circuit in November, 1828, before the Hon. Esek Cowen, one of the circuit judges. The declaration contained the common money counts.
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This was an action of assumpsit, tried at the Montgomery circuit in November, 1828, before the Hon. Esek Cowen, one of the circuit judges. The declaration contained the common money counts. Albert Covenhoven, the father of Mrs. Duval and of the defendant, with a view of making provision for the support of his daughter and of her children, furnished the funds for the purchase of a lot of 50 acres of land in the town of Lysander, the deed for which was made to William Duval, a son of Mrs. Duval, though the father had intended it should have been to his daughter. On the 2d February, 1820,…
1Opinion of the Court
*564 By the Court,
Marcy J.
The judge, in permitting evi¿ence t0 pe given of the declarations of Albert Covenhoven when the defendant was not present, went further than any case that I have seen. The rule on this subject is, that when a person refers to another for an answer on a particular subject, the answer is in general evidence against him, since he makes such third person his accredited agent for the purpose of giving the answer. (Starkie’s Ev. pt. 4, p. 42.) But this rule cannot apply to this case ; for the declaration of the defendant that he would pay the interest to Mrs. Duval if his…
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