Morse v. Bogert
New York Supreme Court
Error to the Yates common pleas. Morse sued Bogert before a justice, and declared for goods sold, money lent, &c. Plea, the general issue. On a trial by jury, the plaintiff called a witness who testified as follows: “ In February or March, 1845, Harrison W. Morse asked witness to ask John Bogert, the defendant, for some money he had lent him.”
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Error to the Yates common pleas. Morse sued Bogert before a justice, and declared for goods sold, money lent, &c. Plea, the general issue. On a trial by jury, the plaintiff called a witness who testified as follows: “ In February or March, 1845, Harrison W. Morse asked witness to ask John Bogert, the defendant, for some money he had lent him.” The defendant objected tó this testimony; and the plaintiff answered, that it was only preliminary, and he did not claim any thing-from it, unless it was communicated by the witness to the defendant. The objection was thereupon overruled; ant- the…
1Opinion of the Court
By the Court, Bronson, Ch. J.
What the plaintiff said to the witness was not communicated to the defendant, and must therefore be laid out of view. The proof then stands thus: the witness went to the defendant’s store, and asked him if he had had any money of the plaintiff. The defendant said he had had twenty dollars of him. Upon this proof, without any thing more, the fair and reasonable inference is, that the defendant received the money because it was due to him; and not by way of a loan. When one man delivers a sum of money to another, if there be nothing else to explain the transaction,…
2Cited by1 opinion
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