Pederson v. Kiensel

Supreme Court of New Jersey

Pederson v. Kiensel

71 N.J.L. 525

DecidedNovember 15, 1904

StatusPublished

This text of 71 N.J.L. 525 (Pederson v. Kiensel) is published on Counsel Stack Legal Research, covering Supreme Court of New Jersey primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Pederson v. Kiensel, 71 N.J.L. 525 (N.J. 1904).

Pincite

Opinion

Per Curiam.

This case was argued on briefs. No motion to dismiss the appeal is made. The appeal must be disposed of on its merits. The action was against the éstate of Mrs. Kiensel. The case shows that the goods were sold, charged and delivered to her husband. A witness, over objection, was permitted to testify that the husband said to the vendor that he was buying the goods for his wife. It was error to admit this testimony. Agency cannot 'be proved by the declaration of the person whose agency is sought to be established. 1 Elliott Evict., § 252.

The judgment of the District Court is set aside in order that there may be a new trial.

Free access — add to your briefcase to read the full text and ask questions with AI

Per Curiam.

This case was argued on briefs. No motion to dismiss the appeal is made. The appeal must be disposed of on its merits. The action was against the éstate of Mrs. Kiensel. The case shows that the goods were sold, charged and delivered to her husband. A witness, over objection, was permitted to testify that the husband said to the vendor that he was buying the goods for his wife. It was error to admit this testimony. Agency cannot 'be proved by the declaration of the person whose agency is sought to be established. 1 Elliott Evict., § 252.

The judgment of the District Court is set aside in order that there may be a new trial.

Cite This Page — Counsel Stack

Bluebook (online)

71 N.J.L. 525, Counsel Stack Legal Research, https://law.counselstack.com/opinion/pederson-v-kiensel-nj-1904.