Bristol v. Dann
New York Supreme Court
This was an action of assumpsit, tried at the Herkimer circuit in March, 1832, before the Hon. Nathan Williams, then one of the circuit judges. The action was on a promissory note for $350, dated 13th July, 1827, payable to Samuel Rogers or bearer, 12 months afterdate. It had the names of “H. Hamilton,” and of a mercantile firm, viz. “ Sprague, Dann & McKinister” subscribed to it as the makers thereof.
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This was an action of assumpsit, tried at the Herkimer circuit in March, 1832, before the Hon. Nathan Williams, then one of the circuit judges. The action was on a promissory note for $350, dated 13th July, 1827, payable to Samuel Rogers or bearer, 12 months afterdate. It had the names of “H. Hamilton,” and of a mercantile firm, viz. “ Sprague, Dann & McKinister” subscribed to it as the makers thereof. The name of the firm was subscribed by David Sprague, one of the partners. On the back of the note was an endorsement in these words; “I guarantee the within note,” signed by the payee. It was…
1Opinion of the Court
By the Court,
Savage, Ch. J.
Rogers was the payee of the note ; had passed it to the plaintiff for a valuable consideration, and had guaranteed the payment of it. He was a competent witness for the defendants, but not for the plaintiff. He was interested in the event of the suit. If the plaintiff succeeded, and collected the money, he was discharged from his guaranty. If the defendants succeeded, he was liable upon his guaranty. His interest was against the defendants, and therefore he was a competent witness for them, and the plaintiff could not object to him. The rule seems to be settled,…
2Cases cited1 opinion
- Whitaker v. BrownCourt for the Trial of Impeachments and Correction of Errors · 1832
3Cited by10 opinions
- The BarnstableSupreme Court of the United States · 1901
- Hall v. BartlettNew York Supreme Court · 1850
- Hines v. SouleSupreme Court of Vermont · 1842
- Carter v. BurrNew York Supreme Court · 1862
- West v. KurtzNew York Court of Common Pleas · 1888
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