Winants v. Sherman

New York Supreme Court

Winants v. Sherman

3 Hill & Den. 74

DecidedMay 15, 1842

StatusPublished

This text of 3 Hill & Den. 74 (Winants v. Sherman) 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

Winants v. Sherman, 3 Hill & Den. 74 (N.Y. Super. Ct. 1842).

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Opinion

By the Court, Cowen, J.

The only point made for reversal is, that the defendant below- offered his books of account in evidence in order to establish certain matters which he mentioned, under the qualification that they should not be received to prove other matters, to show- which, for aught that appears, they were equally competent. The referees decided^ in effect, [75]*75that they could not be received under such a qualification, but must go for what they were worth as evidence generally. This was right, and the judgment must be affirmed. (Kelly v. Dutch Church of Schenectady, 2 Hill, 105.)

Judgment affirmed.

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By the Court, Cowen, J.

The only point made for reversal is, that the defendant below- offered his books of account in evidence in order to establish certain matters which he mentioned, under the qualification that they should not be received to prove other matters, to show- which, for aught that appears, they were equally competent. The referees decided^ in effect, [75]*75that they could not be received under such a qualification, but must go for what they were worth as evidence generally. This was right, and the judgment must be affirmed. (Kelly v. Dutch Church of Schenectady, 2 Hill, 105.)

Judgment affirmed.

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Bluebook (online)

3 Hill & Den. 74, Counsel Stack Legal Research, https://law.counselstack.com/opinion/winants-v-sherman-nysupct-1842.