Guyon v. Lewis
New York Supreme Court
Error from the New-York common pleas. Lewis sued Guyon in an action of covenant, on certain articles of agreement entered into between the parties on the 8th November, 1826, wherein, after describing the parties as “ H. G. G. of the city and state of New-York agent for Isaac Simonson, now resident in Bogota, capital of Colombia, South America, carpenter, of the first part,” and “ J. L. of the city and state aforesaid, carpenter, of the second part,” it was stated that the…
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Error from the New-York common pleas. Lewis sued Guyon in an action of covenant, on certain articles of agreement entered into between the parties on the 8th November, 1826, wherein, after describing the parties as “ H. G. G. of the city and state of New-York agent for Isaac Simonson, now resident in Bogota, capital of Colombia, South America, carpenter, of the first part,” and “ J. L. of the city and state aforesaid, carpenter, of the second part,” it was stated that the party of the first part had agreed to find and furnish the party of the second part with a passage to Carthagena in South…
1Opinion of the Court
By the Court,
Savage, Ch. J,
The first question in the order in which the objections arose in the court below is, whether the preliminary proof was sufficient to authorize the introduction of the deposition which was read in evidence. This species of evidence is only admissible when it is shewn that the personal attendance of the witness cannot be compelled by the party ; the court want evidence to satisfy them of that fact. In this case sufficient was shewn to authorize the introduction of the deposition. The witness was a transient person, having no fixed habitation any where-^a journeyman…
2Cited by12 opinions
- Whitford v. . LaidlerNew York Court of Appeals · 1883
- Kiersted v. . O. and A.R.R. Co.New York Court of Appeals · 1877
- People v. HaddenNew York Supreme Court · 1846
- Cortland Wagon Co. v. LynchNew York Supreme Court · 1894
- Hunter v. International Ry. Imp. Co.U.S. Circuit Court for the District of Southern New York · 1886
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