La Farge v. . Exchange Fire Insurance Company
New York Court of Appeals
Appeal from the Superior Court of the city of New York. The complaint was, that the plaintiff had assigned to the defendant a bond, secured by mortgage, for the sum of $6,500, for which the defendant agreed to issue to the plaintiff, or his order, certificates of its capital stock to the same amount, which it had refused to do.
Read the full summary
Appeal from the Superior Court of the city of New York. The complaint was, that the plaintiff had assigned to the defendant a bond, secured by mortgage, for the sum of $6,500, for which the defendant agreed to issue to the plaintiff, or his order, certificates of its capital stock to the same amount, which it had refused to do. On the trial before a referee, in November, 1857, the plaintiff, against the objection of the defendant, and under exception, was examined as a witness in his own behalf. The judgment was for the plaintiff, and it having been affirmed at general term, the defendant…
1Opinion of the CourtBacon, J.
The only real question in this case concerns the admissibility of John La Farge, who was the original plaintiff on the record, as a witness on his own behalf on the trial. Upon his being offered as such witness, the defendant’s counsel objected, first, upon the ground that the testimony of one party cannot be admitted in his own behalf, when the other party is a corporation; and, second, that it cannot be received when the opposite party is a corporation, and the person or persons who were officer or officers of such corporation at the time of the transactions concerning which the party is…
2Cases cited3 opinions
- People ex rel. Attorney General v. Utica InsuranceNew York Supreme Court · 1818
- Field v. New York Central Rail RoadNew York Supreme Court · 1859
- Ogdensburgh, Rome & Clayton Rail Road v. Frost & SpriggsNew York Supreme Court · 1856
3Cited by8 opinions
- Savannah & Memphis Railroad v. ShearerSupreme Court of Alabama · 1877
- People v. . Mutual Gas Light CompanyNew York Court of Appeals · 1878
- Sanders v. ReisterSupreme Court Of The Territory Of Dakota · 1875
- Carr v. Great Western InsuranceNew York Court of Common Pleas · 1869
- Sellent-Repent Corp. v. Queens Borough Gas & Electric Co.New York Supreme Court · 1936
3 more not listed; retrieve them via the Exa API.