Mercer v. Sayre

New York Supreme Court

Mercer v. Sayre

7 Johns. 306

CourtNew York Supreme Court

DecidedNovember 15, 1810

StatusPublished

Cited by9 cases

This text of 7 Johns. 306 (Mercer v. Sayre) is published on Counsel Stack Legal Research, covering New York Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Mercer v. Sayre, 7 Johns. 306 (N.Y. Super. Ct. 1810).

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Opinion

Per Curiam.

The evidence offered was material, inasmuch as it went to destroy any presumption that the money was actually received by the defendant at the time the action was brought. The judge, under the circumstances of the case, had a discretion to admit the evidence; and it ought, in sound discretion, to have1 been received. We think, therefore, that the defendants are entitled to a new trial, with costs to abide the event of the suit.

Motion granted.

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Per Curiam.

The evidence offered was material, inasmuch as it went to destroy any presumption that the money was actually received by the defendant at the time the action was brought. The judge, under the circumstances of the case, had a discretion to admit the evidence; and it ought, in sound discretion, to have1 been received. We think, therefore, that the defendants are entitled to a new trial, with costs to abide the event of the suit.

Motion granted.

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Bluebook (online)

7 Johns. 306, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mercer-v-sayre-nysupct-1810.

Opinion

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