Adams v. Hull
New York Supreme Court
On error from the supreme court. Hull brought an action of debt in the court below, against Adams, upon a sealed note and for the balance due upon an account; and issue being joined, the cause was "referred to referees, who reported in favor of the plaintiff for a .sum less than the amount claimed.
Read the full summary
On error from the supreme court. Hull brought an action of debt in the court below, against Adams, upon a sealed note and for the balance due upon an account; and issue being joined, the cause was "referred to referees, who reported in favor of the plaintiff for a .sum less than the amount claimed. The plaintiff moved to set aside the report, which motion was granted at the July term, 1841. The facts proved on the trial and the opinion of the supreme court on that motion, are reported in 1 Hill, 601. The cause was again tried before the referees, when the plaintiff gave in evidence a note…
1Opinion of the Court
Gardiner, President.
I can perceive no valid objection to the admissibility of the evidence offered by the plaintiff in error and rejected by the referees. The offer was not to contradict the covenant of the plaintiff in error to pay the rent secured by the lease. That, it appears by the evidence had been paid for the year, and the obligation of the covenant so far discharged. The object of the offer was to show that the sole consideration *310of the $1000 note was to secure the rent, which having beep paid, the consideration for the note had failed. It appears teme that the error upon the part of…
2Cases cited8 opinions
- M'Crea v. PurmortCourt for the Trial of Impeachments and Correction of Errors · 1836
- Patchin v. PierceNew York Supreme Court · 1834
- Davenport v. MasonMassachusetts Supreme Judicial Court · 1818
- Belden v. SeymourSupreme Court of Connecticut · 1831
- Shephard v. LittleNew York Supreme Court · 1817
3 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Eighmie v. . TaylorNew York Court of Appeals · 1885
- Witbeck v. . WaineNew York Court of Appeals · 1858
- Wheeler v. . BillingsNew York Court of Appeals · 1868
- Arnot v. . Erie Railway Co.New York Court of Appeals · 1876
- Sturmdorf v. SaundersAppellate Division of the Supreme Court of the State of New York · 1907
10 more not listed; retrieve them via the Exa API.