Wehrkamp v. Willet
New York Court of Common Pleas
Appbaj. by plaintiff from, an order made by Jitdge Hilton at Special Term, granting a new trial. The action was brought by the plaintiff, who is the wife of William C. Wehrkamp, against the defendant as sheriff, for taking certain personal property, claimed by her to he her separate estate, under a judgment and execution against her husband. The plaintiff was a witness in her own behalf, and the principal one to prove the property to he her separate estate.
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Appbaj. by plaintiff from, an order made by Jitdge Hilton at Special Term, granting a new trial. The action was brought by the plaintiff, who is the wife of William C. Wehrkamp, against the defendant as sheriff, for taking certain personal property, claimed by her to he her separate estate, under a judgment and execution against her husband. The plaintiff was a witness in her own behalf, and the principal one to prove the property to he her separate estate. The jury found a verdict for the plaintiff, assessing the value of the property at $600. On the motion for a new trial, the defendant’s…
1Opinion of the Court
Br the Court.
Hilton, J.
We think the fact whether the
We plaintiff had money in the savings bank at the time stated by her was material, and the facts shown by the affidavit, if known at the time, might have produced a very material effect on the minds of the jury. She was testifying to her pecuniary ability, and, to fortify her evidence, referred to the fact of her having bought the goods on credit, because she wanted to secure the interest on her money then in the savings hank. This circumstance was a material one tending to strengthen her evidence with the jury, and was denying a fact upon…
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