General
Elizabeth Waugh, Administratrix, Appellant, v. John Fielding et al., Respondents
48 N.Y. 681·New York Commission of Appeals·1872·NY
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Opinion
Elizabeth Waugh, Administratrix, Appellant, v. John Fielding et al., Respondents.
(Argued January 2, 1872;
decided May term, 1872.)
This was an action to recover a balance alleged to be due upon the sale of an engine and boiler ; defence, fraud in the sale. Upon the trial, after defendants had given evidence as to plaintiff’s representations and the defects in the property . purchased, plaintiff offered himself as a witness, and was asked by his counsel, and allowed to answer, the question : “ Did you give, or intend to give, the defendants anything more than your opinion in regard to its condition?” Held, error. The cases of Seymour v. Wilson (14 FT. Y., 567) and Gortla/nd v. Herkimer (44 FT. Y., 22) distinguished.
E. H. Eerm for the appellant.
A. Robertson for the respondents.
[MAJORITY]
Hunt, C., reads for affirmance.
All concur-.
Order affirmed, and judgment absolute against plaintiff, with costs.