Abbott v. . Doughan
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the.Supreme Court in the third judicial department, entered May 11, 1910, affirming a judgment in favor of plaintiff entered upon a verdict. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal from a judgment of the Appellate Division of the.Supreme Court in the third judicial department, entered May 11, 1910, affirming a judgment in favor of plaintiff entered upon a verdict. The nature of the action and the facts, so far as material, are stated in the opinion. The court erred in permitting Ash, the plaintiff’s alleged vendor, to testify in the plaintiff’s behalf against the defendant administratrix concerning the personal transactions and communications between the witness and the decedent in connection with the sale of the ring. (Code Civ. Pro. § 829; Matton v. Young, 45…
1Opinion of the CourtHiscock, J.
This action was brought to recover possession of a diamond ring which plaintiff alleged that the defendant unlawfully withheld from her, the true owner. The answer was a general denial.
On the trial as a witness for the plaintiff one Ash testified in substance that the plaintiff purchased the ring of him and paid for it, and that at the time it was delivered, by parol agreement between the plaintiff and defendant’s intestate, Doughan, the ring was loaned to the latter, the title and ownership being retained by the plaintiff.
It is claimed that this evidence was incompetent under that portion of…
2Cases cited7 opinions
- Holcomb v. . HolcombNew York Court of Appeals · 1884
- Lobdell v. . LobdellNew York Court of Appeals · 1867
- Cary v. . WhiteNew York Court of Appeals · 1874
- Rank v. . GroteNew York Court of Appeals · 1888
- Squire v. GreeneAppellate Division of the Supreme Court of the State of New York · 1899
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3Cited by9 opinions
- Harrington v. . SchillerNew York Court of Appeals · 1921
- In re the Estate of TractAppellate Division of the Supreme Court of the State of New York · 2001
- Franklin v. . KiddNew York Court of Appeals · 1916
- Stay v. HorvathAppellate Division of the Supreme Court of the State of New York · 1991
- Tepper v. TannenbaumNew York Supreme Court · 1976
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