Rittenhouse v. Creveling
New York Supreme Court
Appeal from circuit court, Livingston county. Action by La Fayette Bittenhouse against John Oreveling, as executor of Alanson Bittenhouse, deceased, who was plaintiff’s father. Defendant appeals from a judgment for plaintiff entered'on the verdict of a jury.
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Appeal from circuit court, Livingston county. Action by La Fayette Bittenhouse against John Oreveling, as executor of Alanson Bittenhouse, deceased, who was plaintiff’s father. Defendant appeals from a judgment for plaintiff entered'on the verdict of a jury. Code Civil Proc. 21. Y. § 829, provides: “Upon the trial of an action, or the hearing upon the merits of a special proceeding, a party or a person interested in the event, or a person from, through, or under whom such a party or interested person derives his interest or title, by assignment or otherwise, shall not be examined as a…
1Opinion of the CourtMacomber, J.
As there was no motion for a new trial made either upon the minutes of the court or at special term upon a case and’ exceptions, no question can be made but that the issues were decided by the jury upon sufficient evidence, and that their conclusion upon the facts cannot be disturbed. There are, however, exceptions to the reception and rejection of the evidence, and to certain portions of the charge of the court to the jury, which are relied upon by counsel for appellant as sufficient to require a reversal of the judgment. The action is upon a promissory note alleged to have been made by the…
2Cases cited19 opinions
- Barry v. . LambertNew York Court of Appeals · 1885
- Pinney v. . OrthNew York Court of Appeals · 1882
- Ham v. . Van OrdenNew York Court of Appeals · 1881
- Springer v. . DwyerNew York Court of Appeals · 1872
- Chadwick v. . FonnerNew York Court of Appeals · 1877
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3Cited by1 opinion
- Hard v. AshleyNew York Supreme Court · 1892