Burley v. German-American Bank

Citations

• 111 U.S. 216
• 4 S. Ct. 341
• 28 L. Ed. 406
• 1884 U.S. LEXIS 1777

Syllabus

<p>Evidence — New York Code — Pleading-*-Rés Gestee.</p> <p>In New York, under § 500 of the Code of Civil. Procedure, an answer which makes certain statements, and then denies every allegation of the complaint, “except as hereinafter stated or admitted,” amounts to a sufficient general denial of all allegations of the complaint not admitted, to authorize evidence to be given to show any of such allegations to be untrue.</p> <p>An objection that such denial is indefinite or uncertain must be taken by a motion made, before trial, to make, the answer definite and certain, by amendment, and cannot be availed of by excluding evidence at the trial.</p> <p>If it is intended to raise, on a writ of error, the point that a cross-examination was not responsive to anything elicited on the direct, an objection must have been taken on that ground at the trial.</p> <p>Entries in the books of one party to ai transaction, not contemporaneous, or made in the due course of the business, as a part of the res gestee, but made after the rights of the other party had become fixed, arc not competent evidence.</p> <p>Where the issue was as to whether A or B owned a note, and A, having testified that he owned it, afterwards testified that B owned it, and gave as a reason that he had never directed the proceeds of the note to be applied to any purpose, it is competent to prove by C that A gave directions to C as to how to apply such proceeds.</p>