Bagley v. Osborn
New York Supreme Court
Motion to set aside report of referees. The plaintiff 1 provcd two promissory notes given by the defendant for $200 and $1000. The defendant offered to prove that the notes were delivered to a third person, under an agreement that the $200 note should be paid by the defendant in drafts to be made on him by the plaintiff from time to time, and that the payment of the $1000 note should depend upon the result of certain contracts made by the parties whilst partners with certain…
Read the full summary
Motion to set aside report of referees. The plaintiff 1 provcd two promissory notes given by the defendant for $200 and $1000. The defendant offered to prove that the notes were delivered to a third person, under an agreement that the $200 note should be paid by the defendant in drafts to be made on him by the plaintiff from time to time, and that the payment of the $1000 note should depend upon the result of certain contracts made by the parties whilst partners with certain merchants in the city of Ncxv-York : if the share of the profits of those contracts did not amount to that sum, a 1…
1Opinion of the Court
By the Court, Marcy, J.
I have great doubts whether such an interest was shewn to exist in Stone as rendered him an incompetent witness, even if no releases had been interchanged between him and the defendant. The acknowledgments of Stone, (which should not have been received,) and those of the defendant, were proved to shew the interest of the former. They had several times stated, after the plaintiff had sold his share, that they were partners in the tanning business. This fact was no evidence of an interest in the subject matter of the suit. The partnership might exist without Stone’s being…
2Cited by4 opinions
- Mott v. SmallNew York Supreme Court · 1838
- Lefferts v. De MottNew York Supreme Court · 1839
- Pierce v. KearneyNew York Supreme Court · 1843
- Pierce v. KearneyNew York Supreme Court · 1843