Rouse v. Whited
New York Supreme Court
THIS action was commenced before a justice of the peace of Saratoga county. The plaintiff claimed to recover of the defendants the sum of $27, alleged by him to have been paid for the defendants, on a judgment against all the parties, in favor of one Warren S. Kelly, on a note of which the defendants were the makers and the plaintiff and others indorsers.
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THIS action was commenced before a justice of the peace of Saratoga county. The plaintiff claimed to recover of the defendants the sum of $27, alleged by him to have been paid for the defendants, on a judgment against all the parties, in favor of one Warren S. Kelly, on a note of which the defendants were the makers and the plaintiff and others indorsers. On the trial the plaintiff introduced in evidence an exemplified copy of a judgment roll in the supreme court, in favor of Kelly, against the parties and others, from which it appeared that judgment was rendered against the defendants in…
1Opinion of the Court
By the Court, C. L. Allen, P. J.
The cases have been
somewhat conflicting, as to what shall be considered a part of the same conversation of a party, called out by his adversary. In Wailing v. Toll, (9 John. 141,) the defendant admitted that the plaintiff had furnished her with medicine, and attendance, but stated at the same time, that she was a minor. The court held that the latter part of the declaration related to the same subject matter, and that both must be taken together. In Credit v. Brown, (10 John. 365,) the defendant admitted that he shot the plaintiff’s dog, but stated that the dog…
2Cases cited8 opinions
- Smith v. JonesNew York Supreme Court · 1818
- Bennett v. BurchCourt for the Trial of Impeachments and Correction of Errors · 1845
- Wailing v. TollNew York Supreme Court · 1812
- Garey v. NicholsonNew York Supreme Court · 1840
- Credit v. BrownNew York Supreme Court · 1813
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