Nixon v. Palmer
New York Supreme Court
This was an action of assumpsit, brought against the defendant, as the acceptor of a bill of exchange, drawn by one William G. Sandford. The cause was tried at the New-York circuit in October, 1847. The declaration contained the common money counts, to which was subjoined a copy of the bill of exchange upon which the action was brought. The plea was the general issue.
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This was an action of assumpsit, brought against the defendant, as the acceptor of a bill of exchange, drawn by one William G. Sandford. The cause was tried at the New-York circuit in October, 1847. The declaration contained the common money counts, to which was subjoined a copy of the bill of exchange upon which the action was brought. The plea was the general issue. The counsel for the plaintiffs called as a witness, Richard Goodman, who testified that he was one of the attorneys for the plaintiffs; that he knew William G. Sandford; that he resided in Southport, Wisconsin territory; that he…
1Opinion of the Court
By the Court, Edwards, J.
We do not think that the testimony in this case warrants the conclusion that the witness, whose deposition was taken de bene esse, was, at the time of the trial, either a resident of this state, or that he was within this state, according to the spirit and meaning of the statute.
It was clearly proved at the trial, that the witness was a resident of Wisconsin at the time his deposition was taken, and continued to be so for some time afterwards. This testimony cast the burthen of proof upon the defendant; for residence in another state having been once established, the…
2Cited by15 opinions
- State ex rel. Phelps v. JacksonSupreme Court of Vermont · 1907
- Harris v. HarrisAppellate Division of the Supreme Court of the State of New York · 1903
- People v. ReiserAppellate Division of the Supreme Court of the State of New York · 1934
- People v. McAllisterCriminal Court of the City of New York · 1974
- Bronner v. . FrauenthalNew York Court of Appeals · 1867
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