Hall v. Phelps
New York Supreme Court
In error, on certiorari. The defendant in error brought an .action against the plaintiff in error, in the court below, on a promissory note, made by the defendant below, to which there was a subscribing witness. At the trial, the defendant denied that he had given the note ; the plaintiff below called a witness to prove, that the defendant had confessed that he executed the note to the plaintiff.
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In error, on certiorari. The defendant in error brought an .action against the plaintiff in error, in the court below, on a promissory note, made by the defendant below, to which there was a subscribing witness. At the trial, the defendant denied that he had given the note ; the plaintiff below called a witness to prove, that the defendant had confessed that he executed the note to the plaintiff. This evidence was objected to on the part of the defendant, on the ground, that the subscribing witness ought to have been produced; or, that the plaintiff must show that he had endeavoured to…
1Opinion of the CourtSpencer, J.
The judgment below is supposed to be erroneous, because the justice admitted proof of the confession, by the maker of the note, when it was shown to him, that he had given if. *451and that he owed the money, though there was a subscribing witness, not produced, and of whom no such account was given, as to induce a presumption that he was out of the state, or dead,
It appears, indeed, to be a technical rule in the English courts, not to allow the confessions of the party tobe evidence of the execution of sealed instruments, but to require the attendance of the subscribing witness, unless it appear…
2Cited by18 opinions
- Rundle v. . AllisonNew York Court of Appeals · 1866
- McVicker v. ConkleSupreme Court of Georgia · 1895
- Houston & Texas Central Railroad v. ChandlerTexas Supreme Court · 1879
- McAllester v. SpragueSupreme Judicial Court of Maine · 1852
- Sanborn v. ColeSupreme Court of Vermont · 1891
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