The New York Supplement (Volume 147) (Paperback)

Book may have numerous typos, missing text, images, or index. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. 1914. Excerpt: ... IV. RELEVANCY, MATERIALITY, AND COMPETENCY IN GENERAL. (A) Fact* In Inhui- mid Relevant to I**ne-. 113 (N.Y.) The purchase price of property in the open market is usually entitled to great weight in determining its value, but is not conclusive evidence thereof.--People ex rel. Westchester St. R. Co. v. Public Service Commission, Second Dist, 104 N. E. 952, 210 N. Y. 4oti. (E) Competency. 148 (N.Y.Sup.) In an action for rent, in which defendant claimed constructive eviction by the conduct of other tenants, evidence that defendant made complaint of the conditions over the telephone to a person, who said he was "Mr. Zittel" held not admissible to show that defendant made complaint to plaintiff's agent, which was a corporation named "Frederick Zittel & Son."--Polstein v. Morse, 147 N. Y. S. 62. VI. DEMONSTRATIVE EVIDENCE. 195 (N.Y.Sup.) In an action by a servant injured by the breaking of chain tongs, the admission in evidence of an artificial reproduction of the broken pin of the tongs, which was received for the purpose of illustrating the testimony of witnesses to the accident, was not error.--McKeon v. Proctor & Gamble Mfg. Co., 147 N7. Y. S. 1012. VII, ADMISSIONS. (A) Nature, Form, and Incident* in General. 208 (N.Y.Sup.) Material admissions in a pleading can be taken advantage of as admissions of record against the party making them, though the pleading is not offered in evidence. --Babb v. Elsinger, 147 N. Y. S. 98. 215 (N.Y.Sup.) In an action on a life policy stipulating that proofs of death shall be evidence of the facts therein stated for insurer, a physician's certificate in the proofs of death is competent evidence for the defense as an admission by plaintiff.--Cohen v. Metropolitan 'Life Ins.. Co., 147 N. Y. S. 434. 219 (N.Y.) ...