Evarts v. Palmer
New York Supreme Court
Motion for a new trial. The action was assumpsit, brought to recover the amount of a promissory note made by C. N. Griffin, on the 27th of October, 1840 for $2,000, payable three months after date to the defendant Palmer or order, and indorsed by him. The cause was tried at the Oneida circuit in October, 1848, before Justice Shankland. On the trial the signatures of the maker and of the defendant as indorser were admitted by the defendant’s counsel.
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Motion for a new trial. The action was assumpsit, brought to recover the amount of a promissory note made by C. N. Griffin, on the 27th of October, 1840 for $2,000, payable three months after date to the defendant Palmer or order, and indorsed by him. The cause was tried at the Oneida circuit in October, 1848, before Justice Shankland. On the trial the signatures of the maker and of the defendant as indorser were admitted by the defendant’s counsel. It was also admitted that the note was duly protested for non-payment, and notice given to the defendant; and that the sum due upon the note was…
1Opinion of the Court
By the Court, Gridley, J.
The questions arising on the bill of exceptions in this cause depend on the construction to be given to the 351st and 352d sections of the code of 1848. These sections are in the following words:
“ § 351. No person offered as a witness shall be excluded by reason of his interest in the event of the action.
§ 352. The last section shall not apply to any person for whose immediate benefit it is prosecuted or defended, nor to any assignor of a thing in action assigned for the purpose of making him a witness.”
After a preliminary examination of Jesse Thompson, a witness…
2Cited by2 opinions
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