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Johnston v. Bush

Court of Appeals of the State of New York
Jan 1, 1874
57 N.Y. 633 (N.Y. 1874)
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Summary

In Johnston v. Bush, 57 N.Y. 633, the court was asked to charge that plaintiff to entitle him to a verdict must satisfy the jury to a moral certainty that the facts were as claimed by him. Held properly refused, the Court of Appeals saying: "That certainty of the facts which imports absolute truth and verity, and consequently admits of no degrees, `moral,' or otherwise, was not requisite."

Summary of this case from Kaplan v. Lieberman
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Opinion

Submitted September 23, 1873

Decided January term, 1874

G.W. Hotchkiss for the appellant.

George Becker for the respondent.

LOTT, Ch. C., reads for affirmance.

All concur.

Judgment affirmed.

Summaries of

Johnston v. Bush

Court of Appeals of the State of New York
Jan 1, 1874
57 N.Y. 633 (N.Y. 1874)

In Johnston v. Bush, 57 N.Y. 633, the court was asked to charge that plaintiff to entitle him to a verdict must satisfy the jury to a moral certainty that the facts were as claimed by him. Held properly refused, the Court of Appeals saying: "That certainty of the facts which imports absolute truth and verity, and consequently admits of no degrees, `moral,' or otherwise, was not requisite."

Summary of this case from Kaplan v. Lieberman
Case details for

Johnston v. Bush

Case Details

Full title:HENRY JOHNSTON, Respondent, v . RILEY BUSH, Appellant

Court:Court of Appeals of the State of New York

Date published: Jan 1, 1874

Citations

57 N.Y. 633 (N.Y. 1874)

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