Stebbins v. Sackett
Supreme Court of Connecticut
This was an action against the defendant, as the indorser of a promissory note, made by one Gottsberger, for 4000 dollars, dated the 9th of August, 1820, payable in sixty days. The cause was tried at Fairfield, December term, 1823, before Peters, J. To prove certain facts, which became material in the course of the trial, the plaintiffs offered Eliakim Lockwood, who had indorsed the note after the defendant, as a witness.
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This was an action against the defendant, as the indorser of a promissory note, made by one Gottsberger, for 4000 dollars, dated the 9th of August, 1820, payable in sixty days. The cause was tried at Fairfield, December term, 1823, before Peters, J. To prove certain facts, which became material in the course of the trial, the plaintiffs offered Eliakim Lockwood, who had indorsed the note after the defendant, as a witness. The defendant objected to him, on the ground that he was interested in the event of the suit. The plaintiffs thereupon, in order to qualify him as a witness, gave him a…
1Opinion of the Court
Hosmer, Ch. J.
I shall confine my opinion, in this case, to the interest, which Lockwood, the plaintiffs' witness, had in the event of the suit. The facts on the other point made, in a most material particular, are stated so indefinitely, that I willingly pass by the consideration of it.
The interest of the witness, as indorser of the note in question, was legally discharged; and on this ground, the objection to him was unfounded.
It was claimed by the defendant, that Lockwood, the witness, had assigned all his property to the plaintiffs, for the benefit of his creditors, a part of which…
2Cases cited4 opinions
- Bridge v. WellingtonMassachusetts Supreme Judicial Court · 1804
- Innis v. MillerSupreme Court of the United States · 1790
- Mifflin v. BinghamSupreme Court of the United States · 1788
- Butler v. ButlerU.S. Circuit Court for the District of Connecticut · 1808
3Cited by8 opinions
- Bates v. CoeSupreme Court of Connecticut · 1834
- Hamblett v. HamblettSuperior Court of New Hampshire · 1833
- Clark v. HoskinsSupreme Court of Connecticut · 1826
- Duel v. FisherNew York Supreme Court · 1847
- Walker v. CollierIllinois Supreme Court · 1865
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