New York National Exchange Bank v. Jones
New York Court of Common Pleas
Appeal from a judgment of this court entered upon the verdict of a jury by direction of the court. The action was brought upon two promissory notes, against Charles Jones and Spencer Gregory as executors of John Patten, the indorser, and William Ebbitt, the maker, of the notes. The facts are stated in the opinion. Ebbitt did not appear.
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Appeal from a judgment of this court entered upon the verdict of a jury by direction of the court. The action was brought upon two promissory notes, against Charles Jones and Spencer Gregory as executors of John Patten, the indorser, and William Ebbitt, the maker, of the notes. The facts are stated in the opinion. Ebbitt did not appear. Upon the trial of the action as against the other defendants, the court directed a verdict for the plaintiff, and judgment for the plaintiff was entered on the verdict. From the judgment the defendants, Jones and Gregory appealed.
1Opinion of the CourtVan Hoesen, J.
Ebbitt, the maker of the notes, was asked whether Patten, the defendant’s testator, who indorsed the notes, did so solely for the accommodation of Ebbitt, or whether some of the money was used for Patten’s purposes. The question was objected to as calling for a personal transaction between a deceased person and a person interested in the event of the action. The objection is not tenable. Ebbitt was not interested in the event of the action. When interest in the event of the action disqualified a person from testifying as a witness, the maker of a note was always a competent witness for the…
2Cases cited3 opinions
- Schroeppell v. . ShawNew York Court of Appeals · 1850
- Philbrooks v. McEwenIndiana Supreme Court · 1868
- Shore v. ShoreThe Superior Court of New York City · 1850
3Cited by3 opinions
- Leslie Fay, Inc. v. RichDistrict Court, S.D. New York · 1979
- Bank v. SilverAppellate Terms of the Supreme Court of New York · 1969
- Westchester Mortgage Co. v. Thomas B. McIntire, Inc.Appellate Division of the Supreme Court of the State of New York · 1916