Betts v. Badger
New York Supreme Court
IN ERROR from the court of common pleas of Chenango county. Badger brought an action in the court below asainst m, ./vi , ° Betts.
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IN ERROR from the court of common pleas of Chenango county. Badger brought an action in the court below asainst m, ./vi , ° Betts. The plaintiff declared on a certain note or instrument in writing, dated the 28th of Mag, 1808, by which the defendant, for value received, promised to pay to the plaintiff, fifty dollars, on or before the 1st of May, 1810, in good napped hats, to be delivered to the defendant; which note or instrumerit in writing was subject to a condition thereunder written, to the following effect; that if the defendant should not procure a deed from M. Lewis, of the farm on…
1Opinion of the CourtSpencer, J.
The question presented by the bill of exceptions -is, whether a deed in the possession of one of the parties, and produced by him at the trial, upon notice given, and at the requisition of the other party, can be read in evidence by the party thus calling for its *226production, wtihout proof ~f its execution ; there being a subS scribing witness to the execution.
The bill does not state, nor can it he collected9 with certainty, from the note declared on, whether the deed was given to Bett~ ~r ~ac~gcr, or some other person. I think, however, it may be inferred from several cireum~tances, that the…
2Cited by3 opinions
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