Hilts v. Colvin
New York Supreme Court
IN ERROR to the court of common pleas of the county of Herkimer- The plaintiff in error, who was plaintiff in the court below, brought an action of trespass on the case, against the defendant, for deceit in the sale of a horse.
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IN ERROR to the court of common pleas of the county of Herkimer- The plaintiff in error, who was plaintiff in the court below, brought an action of trespass on the case, against the defendant, for deceit in the sale of a horse. The cause was tried at the July term of the court below, in 1816. The plaintiff, to prove his cause of action, produced one J°hn G. Hilts as & witness, to whose admissibility it was objected by the counsel for the defendant that he had been convicted of grand larceny. To prove this fact, witnesses were called, who testified that the clerk’s office in the county of…
1Opinion of the CourtSpencer, J.
The plaintiff below offered one John G. Hilts as a witness. He was objected to on the ground of his incompetency; arising from his alleged conviction of the crime of grand larceny.
It was proved that there were no papers or records in the clerk’s office of H erkimer, prior to May, ] 804, and that in Apr'l, of that year, the clerk’s office had been burnt down, and most or all of the papers had been consumed. It was offered to be proved that the witness, Hilts, had been convicted, previous to 1804, for harbouring stolen goods, and sentenced to the state prison: which proof was objected to, but…
2Cited by11 opinions
- Newcomb v. . GriswoldNew York Court of Appeals · 1862
- People of State of New York v. . McGloinNew York Court of Appeals · 1883
- Sinclair v. LearnedMichigan Supreme Court · 1883
- Cleveland v. BurnhamWisconsin Supreme Court · 1885
- Frost v. MeetzCalifornia Supreme Court · 1878
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