Legal Opinion

Hicks v. Wirth

New York Court of Common Pleas

Decided February 15, 1855Published

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

  1. Van Staphorst v. PearceMassachusetts Supreme Judicial Court · 1808
  2. Jagoe v. AlleynNew York Supreme Court · 1853
  3. Willis v. GreenNew York Supreme Court · 1833
  4. Bump v. Van OrsdaleNew York Supreme Court · 1852
  5. Evarts v. PalmerNew York Supreme Court · 1849

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