Root v. . Borst
New York Court of Appeals
Appeal from judgment of the ■ General Term of the Supreme Court in the fourth judicial department, 'entered upon an order made September 13, 1892, which affirmed a judgment in favor of Christian H. F. Peters, plaintiff’s intestate, entered upon a decision of the court on trial without a jury. Peters died after judgment and plaintiff was substituted. This action was brought to recover certain books and papers termed a Star Catalogue.
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Appeal from judgment of the ■ General Term of the Supreme Court in the fourth judicial department, 'entered upon an order made September 13, 1892, which affirmed a judgment in favor of Christian H. F. Peters, plaintiff’s intestate, entered upon a decision of the court on trial without a jury. Peters died after judgment and plaintiff was substituted. This action was brought to recover certain books and papers termed a Star Catalogue. The facts, so far as material, are stated in the opinion. The letters of Professor Hall to Dr. Peters, offered on behalf of the plaintiff and admitted against the…
1Opinion of the CourtFinch, J.
We are satisfied that the paper read by Dr. Peters before the National Academy of Science, and the letters addressed to him by Professor Hall were erroneously admitted in evidence, and that the vital question on this appeal is whether those errors can be disregarded as not materially affecting the result, and working no appreciable injury to the defense. That inquiry makes necessary some understanding of the facts, and of the character and tendency of the erroneous evidence.
The form of the action was in the nature of a replevin, and the plaintiff Peters sought to recover possession of a…
2Cases cited1 opinion
- McCulloch v. . DobsonNew York Court of Appeals · 1892
3Cited by4 opinions
- Fisher v. . Star Co.New York Court of Appeals · 1921
- Davlin v. Title Guarantee & Trust Co.Appellate Division of the Supreme Court of the State of New York · 1930
- Van Epps v. HarnsNew York Supreme Court · 1895
- Manwarren v. MasonNew York Supreme Court · 1894