Wilson v. Boerem
New York Supreme Court
This was an action of assumpsit, on a promissory note for 305 dollars and 35 cents, payable in ninety days,, drawn by Thomas Shieffelin, in favour of the defendant, by whom it was endorsed to Josiah Brown, Jun. and by him to the plaintiff.
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This was an action of assumpsit, on a promissory note for 305 dollars and 35 cents, payable in ninety days,, drawn by Thomas Shieffelin, in favour of the defendant, by whom it was endorsed to Josiah Brown, Jun. and by him to the plaintiff. The cause was tried before Mr. J. Van Ness, at the New-York sittings, in December, 1816. The note, endorsements, demand of payment, and notice, having been proved on the part of the plaintiff, the defendant produced witnesses to prove that the note was endorsed * * - ------—: - by Brown and the defendant, for the accommodation oí "~ i - - j.. Shieffelin,…
1Opinion of the Court
Thompson, Ch. J.
delivered the opinion of the court. Assuming that Brown would have been a competent witness, had he been living, and admitting that he was in ex-tremis, when the declarations were made which were received in evidence, (of which, however, there is very great doubt,) the only question in the case is, whether such declarations were at all admissible. No case, "either in the Fpg'lish courts or in our own, has fallen under my observatian, where such evidence has been admitted in -acivil suit. Such testimony is inconsistent with two fundamental rules (in the law of evidence. It is…
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