Wilbur v. Selden
New York Supreme Court
Assumpsit by the plaintiff, an endorsee, against the defendants, endorsers of a promissory note. 4The declara-^ou stated that the note was for $800, payable to Canfield & Co. ; by them endorsed to the defendants; by them to Doremus ⅜ Wilbur, (the latter of whom, as survivor of Doremus, is the plaintiff;) by them to Bostwick & Sterling; and by them to the Bank of New-York.
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Assumpsit by the plaintiff, an endorsee, against the defendants, endorsers of a promissory note. 4The declara-^ou stated that the note was for $800, payable to Canfield & Co. ; by them endorsed to the defendants; by them to Doremus ⅜ Wilbur, (the latter of whom, as survivor of Doremus, is the plaintiff;) by them to Bostwick & Sterling; and by them to the Bank of New-York. It then averrC(i a demand of the makers, and notice of non-pay-7 * J ment to all the endorsers, and a payment by the endorsers respectively, who were subsequent to the defendants, The cause was tried at the New-York circuit,…
1Opinion of the Court
Curia, per
Savage, Ch. Justice.
The only question is, as to the competency of the testimony objected to.
The books of a deceased notary have been received in evidence, when the entries were made by the notary himself; but when they are made by a clerk, the hotary does not attest to them; and in that case the evidence of the clerk is higher. And indeed the book, unaccompanied by his testimony, would prove nothing. (20 John. 172-3, and the cases there cited )
The rule as to admitting what a witness swore upon a former trial, is supposed to be this : That to render such testimony admissible, it must…
2Cases cited3 opinions
- Cooke v. WoodrowSupreme Court of the United States · 1809
- Clark v. SandersonSupreme Court of Pennsylvania · 1810
- Le Baron v. CrombieMassachusetts Supreme Judicial Court · 1817
3Cited by16 opinions
- Bergen v. PeopleIllinois Supreme Court · 1856
- People v. . ElliottNew York Court of Appeals · 1902
- United States v. MacombU.S. Circuit Court for the District of Illinois · 1851
- Metropolitan St. Ry. Co. v. GumbyCourt of Appeals for the Second Circuit · 1900
- Woodruff v. StateSupreme Court of Arkansas · 1895
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