Minard v. Mead
New York Supreme Court
Error from the Tioga common pleas. Mead sued Minard in a justice’s court, and the cause was brought into the Tioga common pleas by appeal. The justice returned that the plain, tiff declared on a special contract by defendant to pay him $50, and added thereto the common counts ; and that the defendan pleaded the general issue, and that if any contract was made, it was by the wife of the defendant, and was made with E. Buckbee, and not with the plaintiff.
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Error from the Tioga common pleas. Mead sued Minard in a justice’s court, and the cause was brought into the Tioga common pleas by appeal. The justice returned that the plain, tiff declared on a special contract by defendant to pay him $50, and added thereto the common counts ; and that the defendan pleaded the general issue, and that if any contract was made, it was by the wife of the defendant, and was made with E. Buckbee, and not with the plaintiff. On the trial in the common pleas a promissory note was produced for $50, signed by Dorcas Mead, payable to Elijah Buckbee or bearer. The…
1Opinion of the Court
By the Court,
Sutherland, J.
The execution of the note which was the foundation of the plaintiff’s recovery, I think was not, under the crcumstances of the case, sufficiently proved. Proof of the hand-writing of the subscribing witness was nothing, without shewing that the witness himself could not be produced. No account whatever was given of the subscribing witness; the proof of the note, therefore, rests entirely upon the evidence of the defendant’s admission of it. This evidence shows that the defendant’s wife was authorised to give, and had given two notes to Buckbee, but it does not…
2Cases cited1 opinion
- Stackpole v. ArnoldMassachusetts Supreme Judicial Court · 1814
3Cited by12 opinions
- People v. . CoreyNew York Court of Appeals · 1896
- Matter of PirieNew York Court of Appeals · 1910
- Gillig v. Lake Bigler Road Co.Nevada Supreme Court · 1866
- Bardin v. . StevensonNew York Court of Appeals · 1878
- Junior v. Mercantile InsuranceMassachusetts Supreme Judicial Court · 1828
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