GRAPE ET AL.

v.

WALLACE ET AL.

Citator

Cited By (17 total)

• United States v. Tomaiolo, 249 F.2d 683 (2d Cir. 1957)
  …is privileged, and the witness waives the privilege, or the court disregards it, the party against whom the evidence is used cannot complain of the error.” Kunglig Jarnvagsstyrelsen v. Dexter & Carpenter, 2 Cir., 32 F. 2d 195, 202, certiorari denied 280 U.S. 579, 50 S.Ct. 32, 74 L.Ed. 629; Morgan v. Halberstadt, 2 Cir., 60 F. 592, certiorari denied 154 U.S. 511, 14 S.Ct. 1149, 38 L.Ed. 1078. An entirely different situation arises where the prosecution calls a witness who steadfastly refuses to answer and t…
• United States v. McKEON, 738 F.2d 26 (2d Cir. 1984)
  …end its pleadings to incorporate that version, safe in the belief that the trier of fact will never learn of the change in stories. As was explained in Kunglig Jarnvagsstyrelsen v. Dexter & Carpenter, Inc., 32 F. 2d 195, 198 (2d Cir.), cert. denied, 280 U.S. 579, 50 S.Ct. 32, 74 L.Ed. 629 (1929) by Judge Swan, Error is now assigned to the receipt in evidence of the original complaint, which was offered by the defendant both as evidence of agency, and as a formal ratification of the contract. One ground of…
• Contractor Util. Sales Co., Inc. v. Certain-Teed Prods. Corp., 638 F.2d 1061 (7th Cir. 1981)
  …dmissions. McCormick, Handbook of the Law of Evidence 633-34 (2d ed. 1974). As noted in Raulie v. United States, 400 F. 2d 487, 526 (10th Cir. 1968), quoting Kunglig Jarnvagsstyrelsen v. Dexter & Carpenter, 32 F. 2d 195, 198 (2d Cir.), cert. denied, 280 U.S. 579, 50 S.Ct. 32, 74 L.Ed. 629 (1929): When a pleading is amended or withdrawn, the superseded portion ceases to be a conclusive judicial admission; but it still remains as a statement once seriously made by an authorized agent, and as such it is compe…