New York Court of Appeals

Wakeman Against Sherman.

October 5, 18539 N.Y. 85

Summary

The New York Court of Appeals reversed the lower court's judgment and ordered a new trial, holding that the plaintiff failed to prove a valid conditional promise to pay the barred debt, that evidence of the defendant's real estate was improperly admitted, and that the insolvency discharge remained effective. Justice 030concurrence concurred in the reversal, emphasizing the improper admission of the real estate evidence.