Calkins v. Packer
New York Supreme Court
MOTION on the part of the plaintiff for a new trial, on a bill of exceptions. The action was brought to recover the amount of a promissory note for $72, made by the defendant, payable to Eldad Calkins or bearer, one year after date, with use, and dated Corning, March 18, 1851; and the balance of an account alleged in the complaint to have been due to the said Eldad Calkins prior to, the 2d day of June, 1851, for goods, wares and merchandise, wheat and grain sold and…
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MOTION on the part of the plaintiff for a new trial, on a bill of exceptions. The action was brought to recover the amount of a promissory note for $72, made by the defendant, payable to Eldad Calkins or bearer, one year after date, with use, and dated Corning, March 18, 1851; and the balance of an account alleged in the complaint to have been due to the said Eldad Calkins prior to, the 2d day of June, 1851, for goods, wares and merchandise, wheat and grain sold and delivered by said Eldad Calkins and the plaintiff to the defendant, at his request. The complaint alleged that the note had been…
1Opinion of the CourtWelles, J.
The first question presented for our decision in this case, is whether the defendant was a competent witness in his own behalf, and if admissible at all, whether he was competent to give evidence in relation to that part of the demand in controversy which consisted of the promissory note referred to in the complaint. As the case stood upon the evidence when the plaintiff rested, it did not appear that the demand for goods sold had been assigned by Bldad Calkins to the plaintiff. That demand was one originally belonging to the plaintiff. It was for wheat of the latter, which the witness…
2Cases cited2 opinions
- Jagoe v. AlleynNew York Supreme Court · 1853
- Collins v. KnappNew York Supreme Court · 1854
3Cited by4 opinions
- Jones v. EdwardsCourt of Appeals of Kentucky · 1879
- Cary v. Western Union Telephone Co.New York Supreme Court · 1888
- Livingston v. HammerThe Superior Court of New York City · 1860
- Porter v. . PotterNew York Court of Appeals · 1858