Supreme of the State of New York

Supreme of the State of New York

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1896 edition. Excerpt: ...the property when he sold it. Mr. Buek stated upon his direct examination that the total cost of the Westport was $178,000 (fol. 252). The cost of the property in 1889 was material both for the purpose of comparison with the income which it yielded and also for the purpose of ascertaining whether there had been an increase of value since the time of its construction. Mr. Eckhardt, plaintiffs' expert, testified that the value of the land on which the Westport stood at the time of trial was only $55,000 (fol. 308). The credibility of this testimony would have been seriously affected if the defendants could have shown that the land was worth $55,000 in 1888. Mr. Buek also testified that he acquired the land on which the Westport stands by means of a trade (fol. 252). At fol. 260 he was asked: "Q. What did you give for the land on which the Westport stands? Plaintiffs' counsel objected to the question. The Court sustained the objection, and defendants' counsel duly excepted." It is respectfully submitted that after plaintiffs' counsel had opened the way, by introducing a statement as to the total cost of the property, defendants were entitled, as a matter of right, to inquire into the details making up the aggregate cost. It is also submitted that the question at folio 260 was a proper one upon its own merits, and independent of the course of the direct examination. It called for a statement by the witness of the actual consideration given by him in acquiring the land on which the Westport stood, whether that consideration was paid in money, notes, lands or merchandise. It was an actual transaction relating to the very property in suit, and defendants were entitled to show the truth in regard to it. It cannot be presumed that the...
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Product details

  • Paperback | 318 pages
  • 189 x 246 x 17mm | 572g
  • United States
  • English
  • black & white illustrations
  • 1236768590
  • 9781236768599