Hyperlawhypertext legal database Newins v. Rose 33 N.Y.S. 1131

← Cases

Newins v. Rose

33 N.Y.S. 1131 Court N.Y. Gen. Term Decision date 1895-05-13 English

Delivered by CULLEN, J.

Contents

Majority

p. 1131
NEWINS et al., Appellants, v. ROSE, Respondent.
(Supreme Court, General Term, Second Department.
May 13, 1895.)

Headnote

Action by Joseph H. Newins and another against H. Eckford Rose.
George F. Stackpole, for appellants.
Arington H. Carman, for respondent.

I vote to affirm, without opinion. The testimony of Seaman that he did not sell the goods to defendant was erroneously admitted against defendant’s objection and exceptions, and was a mere statement of conclusion. He did not state what the transaction was, nor deny defendant’s statement that nothing was said between them reserving the goods plaintiffs had sold Seaman.