Mechanics & Farmers' Bank v. Smith
New York Supreme Court
IN ERROR, to the Court of Common Pleas of Albany» Smith brought an action of assumpsit for money had and received tp his u.se, against the Mechanics' and Farmers' Bank in the city of Albany. At the trial, in the Court below, Chester Bulkley was called as a juror, and challenged to the favour, by the plaintiff’s counsel, Two of the jurors who . t y had been impanelled, were sworn as triors.
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IN ERROR, to the Court of Common Pleas of Albany» Smith brought an action of assumpsit for money had and received tp his u.se, against the Mechanics' and Farmers' Bank in the city of Albany. At the trial, in the Court below, Chester Bulkley was called as a juror, and challenged to the favour, by the plaintiff’s counsel, Two of the jurors who . t y had been impanelled, were sworn as triors. On the trial of the challenge, Chester Bulkley was called, that he might be sworn on his voir dire, and was objected to by the defendants’ counsel, but the objection was overruled ; and being sworp on bis…
1Opinion of the CourtWoodworth, J.
1. At the trial, in the Court below, Chester Bulkley was called as a juror, and challenged to the favour; he was sworn, on his voir dire, as a witness before the triors. A question was then put, whether he was the drawer or endorser of any note in the defendants’ bank; the question was objected to, but the Court decided it was not improper, and the witness answered, that he was an endorser in the bank, but had no interest in the same, other than as endorser. An exception was taken by the defendants’ counsel.
The truth of the matter alleged, as cause of challenge, must be made out by witnesses,…
2Cases cited1 opinion
- Steinbach v. Columbian InsuranceNew York Supreme Court · 1804
3Cited by15 opinions
- People v. BodineCourt for the Trial of Impeachments and Correction of Errors · 1845
- Rathbun v. . SnowNew York Court of Appeals · 1890
- Thompson v. DouglassWest Virginia Supreme Court · 1891
- Barnes Bros. v. Coal Co.Tennessee Supreme Court · 1898
- Seneca County Bank v. LambNew York Supreme Court · 1858
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