Legal Opinion

Platner v. . Platner

New York Court of Appeals

Decided September 16, 1879PublishedCited by 66 opinions

Appeal from judgment of the General Term of the Supreme Court, in the third judicial department, affirming a judgment in favor of defendants, entered upon a verdict and affirming an order denying a motion for a now trial. This action was brought upon a promissory note made by defendants, dated April 1, 1867, payable to plaintiff or bearer.

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Appeal from judgment of the General Term of the Supreme Court, in the third judicial department, affirming a judgment in favor of defendants, entered upon a verdict and affirming an order denying a motion for a now trial. This action was brought upon a promissory note made by defendants, dated April 1, 1867, payable to plaintiff or bearer. The answer admitted the execution of the note and alleged that it was given under the following circumstances, to wit: “ This defendant, George Plainer, at the request of Stephen II. Plainer (now deceased), who was the husband of said plaintiff (said…

1Opinion of the CourtFolger, J.

This is a case purely of fact. There are no issues of law; and the only questions of law are those which arose in the course of the trial upon the rejection or admission of evidence. Though the objections to evidence were stated in different words, they were substantially that it was not relevant. How the meaning of the word relevant, as applied to testimony, is that it directly touches upon the issue which the parties have made by their pleadings, so as to assist in getting at the truth of it. It comes from the French reliever, which means to assist. Whatever testimony was offered, which…

2Cases cited2 opinions

  1. Rouse v. . WhitedNew York Court of Appeals · 1862
  2. Garey v. NicholsonNew York Supreme Court · 1840

3Cited by66 opinions

  1. Turner v. . City of NewburghNew York Court of Appeals · 1888
  2. Gall v. . GallNew York Court of Appeals · 1889
  3. People v. . PrioriNew York Court of Appeals · 1900
  4. Badger v. . BadgerNew York Court of Appeals · 1882
  5. State v. HamiltonCourt of Appeals of South Carolina · 2001

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