Royal Insurance v. Noble
New York Court of Common Pleas
This was an action for the alleged wrongful conversion of bonds belonging to the plaintiff. The defendant was arrested upon affidavits, among which was one made by his wife, from whom he had been separated ; and his property, both real and personal, had been levied on by the sheriff, under an attachment issued as a provisional remedy, under the provisions of the Code. I. April, 1868. Motion to vacate order of arrest.
Read the full summary
This was an action for the alleged wrongful conversion of bonds belonging to the plaintiff. The defendant was arrested upon affidavits, among which was one made by his wife, from whom he had been separated ; and his property, both real and personal, had been levied on by the sheriff, under an attachment issued as a provisional remedy, under the provisions of the Code. I. April, 1868. Motion to vacate order of arrest. The defendant offered the affidavit of one King, for the purpose of impeaching the character of his wife, from whom he was separated, and whose affidavit had been read by the…
1Opinion of the CourtBarrett, J.
—I am still of the opinion that the facts stated in the affidavit of King are. inadmissible. The evidence of husband and wife is undoubtedly receivable, in a collateral proceeding, for the purpose of proving any fact material to the issiie; and that, although the facts so testified to by the one may tend to criminate or contradict the other (1 Greenl. on Ev., § 342, and cases cited ; 1 Phill. on Ev., 7 ed., 80 ; Id., Cow. & H.’s Notes, part 1, p. 71, and cases cited). The fact is admitted as bearing upon the issue, and that without reference to its tendency; but there is no authority for…
2Cases cited10 opinions
- People v. CostelloCourt for the Trial of Impeachments and Correction of Errors · 1845
- Dunn v. . the PeopleNew York Court of Appeals · 1864
- Barret v. GracieNew York Supreme Court · 1861
- Solomon v. WaasNew York Court of Common Pleas · 1858
- Frost v. M'CargerNew York Supreme Court · 1857
5 more not listed; retrieve them via the Exa API.