Potts v. . Mayer
New York Court of Appeals
Appeal from judgment of the General Term of the Superior Court of the city of '¡New York, entered upon an order made April 5, 1880, which affirmed a judgment in favor of plaintiff, entered upon a verdict. This action was brought upon a promissory note, executed by the firm of Hyman & Mayer, of which firm the defendants, Hyman and Mayer were the members, payable to the order of the firm, and indorsed by it to defendant Kohn, who transferred the same to plaintiff.
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Appeal from judgment of the General Term of the Superior Court of the city of '¡New York, entered upon an order made April 5, 1880, which affirmed a judgment in favor of plaintiff, entered upon a verdict. This action was brought upon a promissory note, executed by the firm of Hyman & Mayer, of which firm the defendants, Hyman and Mayer were the members, payable to the order of the firm, and indorsed by it to defendant Kohn, who transferred the same to plaintiff. The defendant Mayor, alone appeared and answered, claiming in substance; among other things, that the note was indorsed to Kohn…
1Opinion of the CourtFinch, J.
We think the evidence of Mayer, offered to contradict the statement of Hyman that he had paid for the note in suit, was improperly excluded. The objection made to it rested upon section 829 of the Code. Hyman was a party defendant, and on a former trial had been examined and cross-examined as a witness, giving material evidence bearing upon the inception and consideration of the note. He died beforé the last trial of the case, and upon that occasion his'testimony upon'the former trial was read in evidence. The direct examination of the witness was read in behalf of the defendant Mayer. Among…
2Cited by11 opinions
- In Re the Judicial Settlement of the Accounts of CallisterNew York Court of Appeals · 1897
- Cole v. . SweetNew York Court of Appeals · 1907
- In re the Estate of McArdleNew York Surrogate's Court · 1931
- Adenaw v. PiffardAppellate Division of the Supreme Court of the State of New York · 1910
- In re Callister's EstateNew York Supreme Court · 1895
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