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Newins v. Rose

66 N.Y. St. Rep. 871 Court N.Y. Sup. Ct. Decision date 1895-05-13 English

Delivered by Cullen, J.

Contents

Majority

p. 871
Joseph H. Newins et al., App'lts, v. H. Eckford Rose, Resp’t.
Sup. Ct., 2 D.,
May 13, 1895.
George F. Stackpole, for app’ts; Arington H. Carman, for resp’t.

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.

p. 872
He did not state wliat the transaction was, nor deny defendant’s statement, that nothing was said between them reserving the goods plaintiffs had sold Seaman.