Lake v. Auborn
New York Supreme Court
Evidence. This case was heard before referees, who made a report in favor of the plaintiffs. The defendants moved to set the same aside, and among other causes urged in support of the motion, they insisted that one McCollum had been improperly admitted as" a witness for the plaintiff.
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Evidence. This case was heard before referees, who made a report in favor of the plaintiffs. The defendants moved to set the same aside, and among other causes urged in support of the motion, they insisted that one McCollum had been improperly admitted as" a witness for the plaintiff. McCollum was offered as a witness on the part of the plaintiff, and objected to by the defendants; whereupon he was sworn on his voire dire, and testified that he retained the attorney for the plaintiff to institute this suit, being at the time the owner of the note upon which the suit was brought; that about an…
1Opinion of the Court
By the Court,
Nelson, C. J.
It is supposed the witness is still interested, on tlie ground of his liability for the defendants’ costs, in case of a, recovery in their favor. The objection might be fatal were it not for the bond of indemnity. That neutralizes the interest of the witness; for if he should be called on to pay these costs, he has a perfect remedy over against Smith, the beneficial owner of the subject matter of the suit. This principle of [19] evidence was stated upon authority, illustrated and applied in a recent case in the court of errors (Gregory v. Dodge, 14 Wendell, 593.) (a)…
2Cases cited1 opinion
- Gregory v. DodgeCourt for the Trial of Impeachments and Correction of Errors · 1835
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