Johnson v. Daverne
New York Supreme Court
ASSUMPSIT for work and labour, &c. At the trial, after the plaintiff had closed his evidence, the defendant 0g-ere() jn ev¡dence two receipts, to which the name of the plaintiff was subscribed; and to prove them, called Campbell, a witness who had been sworn for the plaintiff) who being asked if he knew the handwriting, answered, that he had never seen the plaintiff write, but that he had had dealings with him, and had received promissory notes from him, which had been paid,…
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ASSUMPSIT for work and labour, &c. At the trial, after the plaintiff had closed his evidence, the defendant 0g-ere() jn ev¡dence two receipts, to which the name of the plaintiff was subscribed; and to prove them, called Campbell, a witness who had been sworn for the plaintiff) who being asked if he knew the handwriting, answered, that he had never seen the plaintiff write, but that he had had dealings with him, and had received promissory notes from him, which had been paid, except one; that on looking at the receipts, he was inclined to think that the signature was in the handwriting of the…
1Opinion of the Court
Spencer, Ch. J.
delivered the opinion of the Court. To prove a party’s signature, it is not indispensably necessary that the witness should have seen him write. Phillips (367.) gives the true rule : “ The admissibility of the evi*136dence must depend upon whether there is good reason to believe, that the specimens, from which the witness has derived his knowledge, were written by the supposed writer of the paper in question.” In Titford v. Knott, (2 Johns. Cases, 214.) it was held, that the signature of the endorser was well proved by a person who had been in the habit of seeing his…
2Cited by16 opinions
- Homer v. WallisMassachusetts Supreme Judicial Court · 1814
- Titford v. KnottNew York Supreme Court · 1801
- Fisher v. Krutz & CampbellSupreme Court of Kansas · 1872
- Shaw v. CrisseyNew York Supreme Court · 1943
- Tani v. LuddyNew York Supreme Court · 1961
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