Bort v. Smith
New York Supreme Court
Error to the Herkimer county court. The action was trover, brought in a justice’s court by Bort against Smith, for a quantity of grain. On the trial before the justice the plaintiff proved by Jonas Rice that the defendant occupied a farm in the town of Danube, which farm was occupied by the plaintiff in 1845. That the plaintiff hired the farm of Daniel Smith, 2d.
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Error to the Herkimer county court. The action was trover, brought in a justice’s court by Bort against Smith, for a quantity of grain. On the trial before the justice the plaintiff proved by Jonas Rice that the defendant occupied a farm in the town of Danube, which farm was occupied by the plaintiff in 1845. That the plaintiff hired the farm of Daniel Smith, 2d. That in the spring of 1846 the witness was called on to appraise the personal property that the plaintiff sold to Daniel Smith, 2d. There was but one piece of rye and one piece of wheat on the farm. That after the other property was…
1Opinion of the Court
By the Court, Pratt, P. J.
There is nothing in the return of the justice in this cause which shows the relation that the defendant in the suit before him sustained to Daniel Smith, 2d, and therefore the evidence of his declarations was .clearly inadmissible. Had the evidence shown that he was the defendant’s vendor, it would not have been competent. (Hurd v. West, 7 Cowen, 759. 8 Wend. 490. 1 Hill, 612. 7 Id, 361.)
The question then arises whether the admission, in a justice’s court, of incompetent testimony, to establish a fact clearly proved by other testimony, of a competent character, is…
2Cases cited2 opinions
- Crary v. SpragueNew York Supreme Court · 1834
- Whitaker v. BrownCourt for the Trial of Impeachments and Correction of Errors · 1832
3Cited by10 opinions
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- Wells v. ConeNew York Supreme Court · 1864
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