Rudensey v. Hoffman
Rudensey v. Hoffman
Opinion of the Court
The judge of the First District Court of the city of Newark, sitting without a jury, gave judgment in favor of the defendant in an action wherein plaintiff sought to recover from the defendant on a check of $194 given by the defendant to the plaintiff. Plaintiff appeals and argues two points grounded in the specification of determinations, namely, that there was no' evidence to support the court’s finding and that the court erred in an evidence ruling. A third point, listed as the second in the brief, appears to be without foundation in the specification of determinations.
Defendant had purchased, by contract with plaintiff’s decedent, a newspaper route in the town of Montclair. By the terms of the contract Budensev was obligated to pay all unpaid bills. There was legal evidence tending to support a factual finding that the defendant, in order to secure continued delivery of the newspaper publications, had been obliged to pay and did pay one of these bills in the amount
It is further said that certain hearsay evidence was admitted over objection, and this seems to be so; but the error, if such it was, was not harmful. The objectionable testimony was that the witness under examination, defendant’s son, who handled the transaction, had been informed by the creditor company that the amount due was $194. The gentlemen in charge of the bookkeeping department of the company took the stand and testified of knowledge to the same fact.
Judgment affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.