Mott v. Doughty
New York Supreme Court
This was an action of debt on a bond. Plea, the general issue. The cause was tried before Mr. Justice Kent, at the last August sittings in the city of New York. The plaintiff proved the hand-writing of the subscribing witness to the bond, and that both he and the obligor were dead. On this evidence a verdict was taken for the plaintiff, subject to the opinion of the .court, whether it was sufficient to authorize the verdict.
1Per curiam
Wé are of opinion, that the evidence was prima facie sufficient. When parties, appeal to witnesses to attest their acts, they must intend to abide by the testimony arising from that mode of proof; and, regularly,] it is incumbent on them to produce the witnesses themselves, or one of them, if in their power. If the witnesses be dead, their hand-writing is dhe next regular proof, and that must be considered as competent. The proof of their hand-writing appears to have been the ancient practice; and the opinion of Lord Kenyon at nisi prius, in the case of Wallis, v. Delancey, cited on the part…
2Cases cited17 opinions
- Jackson ex dem. Varick v. WaldronCourt for the Trial of Impeachments and Correction of Errors · 1834
- Jackson ex dem. Bowman v. ChristmanNew York Supreme Court · 1830
- Kimball & Rowe v. Davis & BrownNew York Supreme Court · 1838
- Jackson ex dem. Lansing v. ChamberlainNew York Supreme Court · 1832
- Lessee of Hamilton v. MarsdenSupreme Court of Pennsylvania · 1813
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3Cited by5 opinions
- Kimball & Rowe v. Davis & BrownNew York Supreme Court · 1838
- Brown v. KimballNew York Supreme Court · 1840
- Farnsworth v. BriggsSuperior Court of New Hampshire · 1834
- Lyons v. HolmesSupreme Court of South Carolina · 1879
- Armstrong v. Den ex dem. GloverSupreme Court of New Jersey · 1835