Benham v. New-York Central Railroad
New York Supreme Court
Marvin, Mullett, Bowen and Greene, Justices. This was an appeal from a judgment of the county court of Genesee county, affirming a judgment of a justice’s court on appeal. The action before the justice was for the recovery of damages for the loss or destruction of sixteen sheep, delivered by the plaintiff and one Willis Benham to the defendants, at South Byron, to be carried to Albany in their railroad ears.
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Marvin, Mullett, Bowen and Greene, Justices. This was an appeal from a judgment of the county court of Genesee county, affirming a judgment of a justice’s court on appeal. The action before the justice was for the recovery of damages for the loss or destruction of sixteen sheep, delivered by the plaintiff and one Willis Benham to the defendants, at South Byron, to be carried to Albany in their railroad ears. The defendants, by their answer, denied each and every allegation of the complaint. The action was tried before the justice and a jury on the 12th of January, 1854. Upon the trial the…
1Opinion of the Court
By the court—Mullett, Justice.
If the justice erred in admitting Willis Benham, as a witness, his judgment ought not to have been sustained by the county court.
The correctness of the decision of the justice in admitting Willis Benham as a witness for the plaintiff, depends upon the construction to be given to the last sentence of the 399th section of the Code, as amended in 1851. The said 399th section, after providing that, when an assignor of a thing in action or contract is examined as a witness, on behalf of any person deriving title through or from him, the adverse party may offer himself…
2Cases cited1 opinion
- Falon v. KeeseNew York Supreme Court · 1853