Clute v. Small
New York Supreme Court
The declaration in this case was on a promissory note; it also contained a count for goods sold, the common money counts, and an account stated. The defendant pleaded the general issue. The cause was heard before referees, who made a special report. On the hearing, the note declared on was produced, and the signature of the defendant proved. It was in this form: “ $334. Herkimer, March 14, 1833. Six months after date, I promise to pay to the order of Messrs.
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The declaration in this case was on a promissory note; it also contained a count for goods sold, the common money counts, and an account stated. The defendant pleaded the general issue. The cause was heard before referees, who made a special report. On the hearing, the note declared on was produced, and the signature of the defendant proved. It was in this form: “ $334. Herkimer, March 14, 1833. Six months after date, I promise to pay to the order of Messrs. Clute and Bailey, at the Mohawk Bank, three hundred and, thirty-four dollars, value received. William Small.” The defendant objected to…
1Opinion of the Court
By the Court,
Cowen, J.
The testimony in reference to the admissions of the defendant to the deputy sheriff, was inadmissible. He was not able to say that he had been authorized by the defendant to use the language alleged to have been contained in the letter; nor was the letter produced to refresh his recollection. There was only one of two ways in which he could be allowed to speak; that is, either from positivé recollection, or from seeing the letter and knowing it to be his own statement. It might then have been treated as his memorandum, and according to some authorities, might have been…
2Cases cited2 opinions
- Blade v. NolandNew York Supreme Court · 1834
- Boyd v. BrothersonNew York Supreme Court · 1833
3Cited by31 opinions
- Booth v. . PowersNew York Court of Appeals · 1874
- Otto v. Halff & Bro.Texas Supreme Court · 1896
- Town of Solon v. Williamsburgh Savings BankNew York Court of Appeals · 1889
- Peck v. . ValentineNew York Court of Appeals · 1884
- Matteson v. EllsworthWisconsin Supreme Court · 1873
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