Soulden v. Van Rensselaer
New York Supreme Court
This was an action of assumpsit, tried at the Madison circuit in September, 1830, before the Hon. Nathan Williams, one of the circuit judges. The suit was on a note for the delivery of a specific quantity of potashes ; it bore date 15th February, 1817. The defendant pleaded non assumpsit and actio non accrevit, &c. upon which the plaintiffs took issue.
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This was an action of assumpsit, tried at the Madison circuit in September, 1830, before the Hon. Nathan Williams, one of the circuit judges. The suit was on a note for the delivery of a specific quantity of potashes ; it bore date 15th February, 1817. The defendant pleaded non assumpsit and actio non accrevit, &c. upon which the plaintiffs took issue. The plaintiffs called T. Beekman as a witness, who was examined on his voire dire, and stated that in 1818 the demand in question, together with various other demands, was assigned by the plaintiffs to him, in trust for himself and other…
1Opinion of the Court
*295 By the Court,
Nelson, J.
There is no principle of law of
which I am aware, or to which I have been referred, that would justify the rejection of Beekman as a witness, for the reason that the acknowledgment or promise relied on to take the note out of the statute of limitations was made to him while he was in part the owner. If this fact alone was sufficient to render him incompetent after he had parted with all his interest, upon the same ground every witness once interested would be forever incompetent,for the objectionresolves itself wholly into one of interest; and the vendor of a chattel or…
2Cases cited3 opinions
- Dean v. HewitNew York Supreme Court · 1830
- Depuy v. SwartNew York Supreme Court · 1829
- Purdy v. AustinNew York Supreme Court · 1829
3Cited by19 opinions
- M'Crea v. PurmortCourt for the Trial of Impeachments and Correction of Errors · 1836
- Watkins v. StevensNew York Supreme Court · 1848
- Allen v. WebsterNew York Supreme Court · 1836
- Crawford v. BrookeCourt of Appeals of Maryland · 1846
- Mott v. SmallNew York Supreme Court · 1838
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