Brown v. Richardson
The Superior Court of New York City
This action was brought against Frederick Gr. Richardson and David Woods, as defendants, and comes before the Court, on an appeal, from a judgment in favor of the plaintiff, taken by the defendant; Richardson only.
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This action was brought against Frederick Gr. Richardson and David Woods, as defendants, and comes before the Court, on an appeal, from a judgment in favor of the plaintiff, taken by the defendant; Richardson only. It was tried before Mr. Justice Campbell and a jury in October, 1855. It is brought to recover the amount payable by eight several instruments, in writing, called in the complaint promissory notes, They are, all, of the same date, and in the same form, but are for different amounts, and payable on demand, after different periods, The one first payable reads thus: “ New York, April…
1Opinion of the CourtBy the Court. Bosworth, J.
The defendant, Richardson, offered himself, “generally on his own behalf," as a witness, and was excluded. To the decision excluding him, his counsel excepted. The plaintiff’s assignor, of the causes of action stated in the complaint, was examined as a witness on behalf of the plaintiff. But the examination of such assignor did not authorize the defendant to be a witness generally on his own behalf, but only “ to the same matter ” as to which the assignor had been examined (this action having been tried in October, 1855).—Code, § 399; Laws of 1851, p. 903. It is apparent from the case, as we…
2Cited by1 opinion
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