Supervisors of Chenango v. Birdsall
New York Supreme Court
This was an action of debt, tried at the Chenango circuit in February, 1828, before the Hon. Samuel Nelson, one of the circuit judges. The suit was brought on a bond given by the defendant Birdsall as treasurer of the county of Chenango, conditioned f°r the faithful discharge of the duties of his office. The bond bore date on 29th October, 1812, and was executed by the defendant Birdsall with sureties. Various breaches were assigned.
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This was an action of debt, tried at the Chenango circuit in February, 1828, before the Hon. Samuel Nelson, one of the circuit judges. The suit was brought on a bond given by the defendant Birdsall as treasurer of the county of Chenango, conditioned f°r the faithful discharge of the duties of his office. The bond bore date on 29th October, 1812, and was executed by the defendant Birdsall with sureties. Various breaches were assigned. On the trial of the cause, the accounts of the defendant for several years as treasurer of the county, ánd the entries of the proceedings of the supervisors…
1Opinion of the Court
*457 By the Court,
Marcy, J.
I am of opinion that the judge erred in permitting Randall, one of the defendants, to be sworn as a witness. A question, if not precisely like this, so near like it in all material circumstances as not to be distinguished from it in principle, has recently been decided by this court in the case of Schemerhorn v. Schemerhorn, (1 Wendell, 119.) There the party called by the plaintiffs as a witness had a personal defence : a discharge under an insolvent act, which was found in his favor by the verdict of the jury on the trial of the very cause in which he was examined. The…
2Cases cited1 opinion
- Schermerhorn v. SchermerhornNew York Supreme Court · 1828
3Cited by47 opinions
- Osterhoudt v. . RigneyNew York Court of Appeals · 1885
- Board of Supervisors v. . EllisNew York Court of Appeals · 1875
- Cecil v. ClarkWest Virginia Supreme Court · 1898
- Newman v. . Supervisors of Livingston Co.New York Court of Appeals · 1871
- People Ex Rel. Canajoharie National Bank v. Board of SupervisorsNew York Court of Appeals · 1876
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