Foster v. . Newbrough

New York Court of Appeals

Foster v. . Newbrough

58 N.Y. 481, 1874 N.Y. LEXIS 531

CourtNew York Court of Appeals

DecidedOctober 6, 1874

StatusPublished

Cited by1 cases

This text of 58 N.Y. 481 (Foster v. . Newbrough) is published on Counsel Stack Legal Research, covering New York Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Foster v. . Newbrough, 58 N.Y. 481, 1874 N.Y. LEXIS 531 (N.Y. 1874).

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Opinion

Rapallo, J.

We find no error in the admission of evidence to explain the receipt dated November 19, 1870, and to show the consideration for which it was given; but we think the referee did err in admitting in evidence the copy of the letter alleged to have been sent with and attached to the receipt dated April 4, 1870, and also in rejecting the evidence offered by the defendant in rebuttal of that which had been given on the part of the plaintiff after the defendant had rested. We have carefully, examined the case and think that a new trial should be ordered.

Judgment reversed and new trial .ordered, with.costs to abide the event.

All concur.

Judgment reversed.

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Rapallo, J.

We find no error in the admission of evidence to explain the receipt dated November 19, 1870, and to show the consideration for which it was given; but we think the referee did err in admitting in evidence the copy of the letter alleged to have been sent with and attached to the receipt dated April 4, 1870, and also in rejecting the evidence offered by the defendant in rebuttal of that which had been given on the part of the plaintiff after the defendant had rested. We have carefully, examined the case and think that a new trial should be ordered.

Judgment reversed and new trial .ordered, with.costs to abide the event.

All concur.

Judgment reversed.

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58 N.Y. 481, 1874 N.Y. LEXIS 531, Counsel Stack Legal Research, https://law.counselstack.com/opinion/foster-v-newbrough-ny-1874.

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