Hicks v. Wirth
New York Court of Common Pleas
Review of a judgment of the Marine Court in favor of the defendant against the plaintiff, in an action hy the last endorsee against the first endorser of a promissory note. The plaintiff urged a single ground of" appeal, founded upon his exception to a ruling at the trial, admitting the defendant as a witness in his own hehalf.
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Review of a judgment of the Marine Court in favor of the defendant against the plaintiff, in an action hy the last endorsee against the first endorser of a promissory note. The plaintiff urged a single ground of" appeal, founded upon his exception to a ruling at the trial, admitting the defendant as a witness in his own hehalf. The last endorser having testified as a witness for the plaintiff, the justice held that the witness was the assignor of a contract or thing in action, and that the defendant was therefore a competent witness in his own favor.
1Opinion of the Court
By the Court.
Ingraham, First J.
The plaintiff sues the defendant, as the first endorser of a promissory note, made by Kirk to the defendant, hy him endorsed to Matthew Allen, and hy Allen to the plaintiff'.
Upon the trial of the cause, Allen was examined as a wit*79ness for the plaintiff, and the defendant then offered himself as a witness, and was admitted, upon the ground that Allen was an assignor of a thing in action, and the defendant, therefore, could be examined in his own behalf under section 399 of the Code. The plaintiff excepted to the admission of the defendant as a witness. The…
2Cases cited6 opinions
- Van Staphorst v. PearceMassachusetts Supreme Judicial Court · 1808
- Jagoe v. AlleynNew York Supreme Court · 1853
- Willis v. GreenNew York Supreme Court · 1833
- Bump v. Van OrsdaleNew York Supreme Court · 1852
- Evarts v. PalmerNew York Supreme Court · 1849
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