Weeks v. Lowerre
New York Supreme Court
Motion by the defendant for a new trial, on a bill of exceptions. The action was for slander, in accusing the plaintiff of stealing a check for $105 drawn by the defendant. On the trial, John D. Wright, a witness for the plaintiff, testified that on the 2d of May, 1840, he loaned to the plaintiff $105; that on the 14th of May thereafter he received a check for $100, and $5 in money.
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Motion by the defendant for a new trial, on a bill of exceptions. The action was for slander, in accusing the plaintiff of stealing a check for $105 drawn by the defendant. On the trial, John D. Wright, a witness for the plaintiff, testified that on the 2d of May, 1840, he loaned to the plaintiff $105; that on the 14th of May thereafter he received a check for $100, and $5 in money. Being shown a check drawn by the plaintiff for $100, the witness testified that it was the check which was paid to him, and the same was then read in evidence in the words and figures following, to wit: “…
1Opinion of the Court
By the Court, Mitchell, J.
The deposition of a witness taken in a chancery suit between the same parties was received in evidence in this suit “ to prove a check,” already in part proved by another witness. No proof was offered that the witness was dead, absent, or kept out of the way by the defendant; and no exception was taken, that that must first be proved, but the defendant merely excepted to the reading of the deposition. On the argument it was not assumed that the witness-was not living ; we must assume that he was alive, and for aught that appears in this case, within this state.
In…
2Cases cited1 opinion
- Crary v. SpragueNew York Supreme Court · 1834
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- Feitl v. Chicago City Railway Co.Appellate Court of Illinois · 1904
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