Legal Opinion

Reynolds v. Mynard

New York Court of Appeals

Decided April 15, 1848Published

This action was brought in a justice’s court, by Robert Reynolds, against Henry H. Mynard, Alexander Barratt, and Avery Smith, trustees of school district No. 15, in the town of Austerlitz, in the county of Columbia, to recover damages for the breach of a contract made between the parties, by which the plaintiff agreed that his minor son, Truman N. Reynolds, should teach school in said district for the term of four months, at nine dollars per month; and also for the recovery…

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This action was brought in a justice’s court, by Robert Reynolds, against Henry H. Mynard, Alexander Barratt, and Avery Smith, trustees of school district No. 15, in the town of Austerlitz, in the county of Columbia, to recover damages for the breach of a contract made between the parties, by which the plaintiff agreed that his minor son, Truman N. Reynolds, should teach school in said district for the term of four months, at nine dollars per month; and also for the recovery of his wages due upon the contract, alleging that his son entered upon the employment and taught the school according…

1Opinion of the CourtJewett, C. J.

Several questions were made on the argument, by the counsel for the defendants; but, from the view I take, it is only necessary to examine the question, whether the rejected witnesses, or either of them, were competent for the defendants on that trial. The rule is well established that,—

The interest which disqualifies, must be some legal, certain, and immediate interest, however minute, either in the event of the cause itself, or in the record, as an instrument of evidence, in support of his own claims in a subsequent action. (1 Greenleaf Ev. §386; 1 Stark. Ev. 102; Stockholm v. Jones, 10…

2Cases cited11 opinions

  1. Trustees of Watertown v. Cowen & BaggNew York Court of Chancery · 1834
  2. Inhabitants of Fourth School-District v. WoodMassachusetts Supreme Judicial Court · 1816
  3. State v. HarringtonSupreme Court of Delaware · 1942
  4. Stockham v. JonesNew York Supreme Court · 1813
  5. Falls & Smith v. BelknapNew York Supreme Court · 1806

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