Smith v. N. Y. Central R. R.
New York Court of Appeals
William B. Smith sued defendants, in the supreme court, for wood sold, at Paddleford, and at Farmington. In the case of the sale at Paddleford there was a written contract, made by defendants with plaintiff and one Brown, and defendants claimed that the wood now sued for was embraced in that contract, or if not, its delivery was authorized by parol stipulations made at the same time as the written contract. Brown assigned his claim to plaintiff.
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William B. Smith sued defendants, in the supreme court, for wood sold, at Paddleford, and at Farmington. In the case of the sale at Paddleford there was a written contract, made by defendants with plaintiff and one Brown, and defendants claimed that the wood now sued for was embraced in that contract, or if not, its delivery was authorized by parol stipulations made at the same time as the written contract. Brown assigned his claim to plaintiff. In the case of the sale at Farmington, plaintiff showed his trees standing, to defendants’ agent, and named his price, and declined to make a…
1Opinion of the Court
*263By the Court.
Woodruff, J.
[After disposing of minor exceptions.]—One objection, however the counsel has treated as not included in the class referred to, but as relating to the competency of evidence, going to the merits of the controversy, viz: to the question whether any, and, if any, what, contract was made between the parties ? That exception we are, therefore, called upon to consider; and it raises the question, was it competent to read what is called throughout the case the “ old contract,” in evidence, without proving the execution thereof by a subscribing witness ?
That depends, in my…
2Cases cited1 opinion
- Downs & Skillinger v. RossNew York Supreme Court · 1840
3Cited by7 opinions
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- Lazarus v. LudwigAppellate Terms of the Supreme Court of New York · 1896
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