Seaman v. Hasbrouck
New York Supreme Court
APPEAL from a judgment entered on the report of a referee. The action was brought by the plaintiff, as receiver of Aaron Hasbrouck, appointed in proceedings sup7 plementáry to' execution, at the suit of Russell, Dart and others, judgment creditors of said Hasbrouck. The object of the action was to recover of the defendant a balance of $719.67 claimed to be due from her on account of the purchase money of a farm bought by her of Aaron Hasbrouck.
Read the full summary
APPEAL from a judgment entered on the report of a referee. The action was brought by the plaintiff, as receiver of Aaron Hasbrouck, appointed in proceedings sup7 plementáry to' execution, at the suit of Russell, Dart and others, judgment creditors of said Hasbrouck. The object of the action was to recover of the defendant a balance of $719.67 claimed to be due from her on account of the purchase money of a farm bought by her of Aaron Hasbrouck. The'defense, was, that at the time of the sale of the land to the defendant, Aaron Hasbrouck was indebted to Jeremiah Russell, J. W. Hasbrouck and…
1Opinion of the CourtHogeboom, J.
Parol testimony was probably admitted to show what debts of Aaron Hasbrouck the defendant agreed to pay; in other words, for what consideration, and in what *154manner, the defendant agreed to pay for the farm conveyed to her by her brother. This agreement was not in writing; nor was there any other memorandum in writing signed by the parties, or recognized by them as containing a true statement of the consideration, or a complete statement of the debts. I see nothing in the admission of this testimony which infringes the rule that parol evidence is inadmissible to contradict or explain a written…
2Cases cited6 opinions
- Lawrence v. . FoxNew York Court of Appeals · 1859
- Mallory v. . GillettNew York Court of Appeals · 1860
- Barker v. BucklinNew York Supreme Court · 1846
- Ellwood v. MonkNew York Supreme Court · 1830
- Gold v. PhillipsNew York Supreme Court · 1813
1 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Plano Manufacturing Co. v. BurrowsSupreme Court of Kansas · 1888
- J. E. Jones & Co. v. Pacific Wood, Lumber & Flume Co.Nevada Supreme Court · 1878
- Joseph Schlitz Brewing Co. v. EsterNew York Supreme Court · 1895
- Ludington's PetitionNew York Court of Common Pleas · 1878
- Crippen v. CrippenNew York Supreme Court · 1889
1 more not listed; retrieve them via the Exa API.