Benjamin v. Coventry
New York Supreme Court
This was an action of assumpsit, tried at the Oneida circuit in April, 1835, before the Hon. Hiram Denio, one of the circuit judges. Tillman & Benjamin were partners as cabinet-makers, and sold a bill of goods to the defendant in the spring of 1832. In October following, the partnership was dissolved, when Benjamin assigned to Tillman all the partnership property and debts, of which fact notice was immediately given to the defendant.
Read the full summary
This was an action of assumpsit, tried at the Oneida circuit in April, 1835, before the Hon. Hiram Denio, one of the circuit judges. Tillman & Benjamin were partners as cabinet-makers, and sold a bill of goods to the defendant in the spring of 1832. In October following, the partnership was dissolved, when Benjamin assigned to Tillman all the partnership property and debts, of which fact notice was immediately given to the defendant. Tillman afterwards died, and this act¡on js brought for the benefit of his representatives in the name of Benjamin as surviving partner. The defendant called…
1Opinion of the Court
By the Court,
Cowen, J.
Two points are made by the defendant’s counsel: 1. that the plaintiff on the record should have been received as a witness ; and 2. that Mr. Spencer should have been received to prove what he learned from Benjamin is professional confidence.
The cases cited by the plaintiff’s counsel, 1 Wendell, 119, 4 id, 453, 5 Paige, 249, are (in this court) a perfect answer upon the first point, whatever may be the rule else*355where. A party to the record, though free of interest, is not r J ° a competent witness.
The communications made to Mr. Spencer by Benjamin are admitted to have…
2Cases cited2 opinions
- Norton v. WoodsNew York Court of Chancery · 1835
- Schermerhorn v. SchermerhornNew York Supreme Court · 1828
3Cited by6 opinions
- Passmore v. Estate of PassmoreMichigan Supreme Court · 1883
- Buffit v. Troy & Boston Rail RoadNew York Supreme Court · 1862
- Takamori v. KanaiHawaii Supreme Court · 1897
- Collins v. RobinsonNew York Supreme Court · 1893
- Smith v. MooreIllinois Supreme Court · 1842
1 more not listed; retrieve them via the Exa API.