Collins v. Knapp
New York Supreme Court
This action was commenced by Collins against Knapp, before a justice of the peace, for the recovery of the amount of a note given by Knapp to one John H. Otis, dated 29th March, 1849, for $45, payable nine months after date, which note was transferred to the plaintiff by said Otis, 2d June, 1851. The defense was payment to Otis before the transfer of the note.
Read the full summary
This action was commenced by Collins against Knapp, before a justice of the peace, for the recovery of the amount of a note given by Knapp to one John H. Otis, dated 29th March, 1849, for $45, payable nine months after date, which note was transferred to the plaintiff by said Otis, 2d June, 1851. The defense was payment to Otis before the transfer of the note. The cause was tried by a jury, and on their verdict a judgment was given for the plaintiff for §47.08. An appeal was taken to the Duchess county court, where the said judgment was affirmed and judgment entered for §64.30, debt and costs.
1Opinion of the Court
By the Court, S. B. Strong, J.
This action (which was tried before a justice of the peace) was instituted to recover the amount of a promissory note made by the defendant, payable to one Otis or bearer, nine months after date, and transferred by delivery only to the plaintiff, after it became due. Upon the trial, Otis was examined as a witness for the plaintiff, without any previous notice to the defendant of his examination. The defendant’s counsel objected, and the only material question on,this appeal is whether the evidence was properly received. Otis swore, on his preliminary examination,…
2Cases cited2 opinions
- Hedges v. SealyNew York Supreme Court · 1850
- Jagoe v. AlleynNew York Supreme Court · 1853
3Cited by2 opinions
- Calkins v. PackerNew York Supreme Court · 1855
- Burtnett v. GwynneNew York Court of Common Pleas · 1855