Anderson v. Busteed
The Superior Court of New York City
This was an action by the plaintiffs as endorsees of a bank check, payment of which had been refused, against the defendant, as drawer. The check, as set forth in the complaint, was dated on the 26th of February, 1855, drawn on the Bull’s Head Bank, for the sum of $131, payable to P. McAleer or order, and endorsed by him to the plaintiffs.
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This was an action by the plaintiffs as endorsees of a bank check, payment of which had been refused, against the defendant, as drawer. The check, as set forth in the complaint, was dated on the 26th of February, 1855, drawn on the Bull’s Head Bank, for the sum of $131, payable to P. McAleer or order, and endorsed by him to the plaintiffs. The answer admitted the making of the check, but denied that it was given for value, and denied the title of the plaintiffs, and set up as a counter claim, that the payee, McAleer, was indebted to the defendant for professional services in a larger sum than…
1Opinion of the CourtBy the Court. Slosson, J.
The defendant was improperly admitted as a witness, as McAleer was not an assignor, within the meaning of section 399 of the Code; but of this the plaintiff cannot now complain. If the plaintiff’s objection had prevailed on the trial the defendant might have supplied, by other evidence, what he has now established by his own; besides, the plaintiff has obtained a judgment.
The defendant being a witness, however, the question put to him, whether the bill between himself and McAleer had been previously adjusted, was improperly overruled on plaintiff’s objection. It related substantially to the…
2Cited by1 opinion
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