Doty v. Wilson
New York Supreme Court
THIS was an action of assumpsit. The declaration contain-e(l the usual money counts, and the defendant pleaded non as-sump s i t, with notice of his discharge under the insolvent act of 1811. The cause was tried before Mr. J. Spencer, at the Wash- . . mgton circuit, in June, 1816. At the trial, Simon Kittle was produced as a witness on the part of the plaintiff, and testified, that in the spring of 1810, he was deputy of the plaintiff, who was then sheriff of the county of…
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THIS was an action of assumpsit. The declaration contain-e(l the usual money counts, and the defendant pleaded non as-sump s i t, with notice of his discharge under the insolvent act of 1811. The cause was tried before Mr. J. Spencer, at the Wash- . . mgton circuit, in June, 1816. At the trial, Simon Kittle was produced as a witness on the part of the plaintiff, and testified, that in the spring of 1810, he was deputy of the plaintiff, who was then sheriff of the county of Washington,'and received a ca. sa. issued out of this court, in favour of one Stanton, against the defendant, for 179…
1Opinion of the Court
Thompson, Ch. J.,
delivered the opinion of the court. As. this case now appears before the court, there is some difficulty "with respect to the competency gf Kittle, as a witness, when he • *383was sworn and examined. There can be no doubt, that a lease given after the examination of an interested witness,: comes too late to validate his testimony. The witness must be disinterested at the time of his examination. Unless the release is given before the examination, it does not remove the influence, which the law presumes the interest has upon the mind of the witness. (1 Caines, 19.) If we are to…
2Cases cited3 opinions
- Hitchcock & Fitch v. AickenNew York Supreme Court · 1803
- Stewart v. EdenNew York Supreme Court · 1804
- Jackson v. CooperNew York Supreme Court · 1803
3Cited by24 opinions
- Goulding v. . DavidsonNew York Court of Appeals · 1863
- Watkins v. Trustees of the Richmond CollegeSupreme Court of Missouri · 1867
- Chilcott v. TrimbleNew York Supreme Court · 1852
- Ingraham v. GilbertNew York Supreme Court · 1855
- Messenger v. MillerWisconsin Supreme Court · 1847
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