Wright v. Boyd
New York Supreme Court
Assumpsit, tried at the Oswego, circuit in September, 1847, before Justice Pratt. The action was brought upon two drafts drawn by Bentley, Evans &. Sumner, upon the defendant at sixty days, for $1200 each, payable to J. H. Lathrop, cashier, or order, dated September 6th, and 24th, 1845, and accepted by the defendant.
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Assumpsit, tried at the Oswego, circuit in September, 1847, before Justice Pratt. The action was brought upon two drafts drawn by Bentley, Evans &. Sumner, upon the defendant at sixty days, for $1200 each, payable to J. H. Lathrop, cashier, or order, dated September 6th, and 24th, 1845, and accepted by the defendant. The plaintiff, in his declaration, described himself as “President of Luther Wright’s Bank, an association of persons formed for the purpose of banking, under the provisions of the act of the legislature of the state of New-York, entitled ‘ An act to authorize the business of…
1Opinion of the Court
By the Court,
Gridley, J.
I. It is not a question before us whether the witness Lathrop was incompetent on the ground of interest. The objection was “ that he was a stockholder, in Luther Wright’s Bank, the plaintiff in the suit, and therefore a party.” It is clear that he was not a party. Had the objection been upon the ground of interest, that interest might have been removed by an assignment of his stock, or by an indemnity as to costs. (17 Wend. 142. 19 Id. 364. 1 Hill, 609.)
II. There was no error in allowing the special endorsement (which was shown to have been made for the mere purpose of *528…
2Cases cited2 opinions
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- Bank of Genesee v. Patchin BankNew York Court of Appeals · 1859
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