Wilmot v. Richardson
The Superior Court of New York City
This action comes before the court on exceptions taken by the defendants at the trial, and there ordered to be heard, in the first instance, at the General Term. John Wilmot and Company are the plaintiffs, and do business in the city of New York. The firm of Thomas Richardson & Co., are the defendants, and do business in the same city; that firm consists of Thomas Richardson, James Spence, and Edward H. Patón.
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This action comes before the court on exceptions taken by the defendants at the trial, and there ordered to be heard, in the first instance, at the General Term. John Wilmot and Company are the plaintiffs, and do business in the city of New York. The firm of Thomas Richardson & Co., are the defendants, and do business in the same city; that firm consists of Thomas Richardson, James Spence, and Edward H. Patón. The defendants also did business at Liverpool, under the firm name of Richardson, Spence & Co. Samuel Nimmons became a partner subsequent to the transactions in question, but at the…
1Opinion of the CourtBy the Court. Bosworth, J.
Was Himmons rightfully excluded from testifying? He was not a partner of the defendants at the time of the transaction in question, nor had he any pecuniary interest then in the business of the firms of which they were members. The agreement of the 13th of October, 1854, creates the only objection raised to his competency as a witness; that was executed after the property in question had been sold by the defendants, and the proceeds of it had come into their hands.
If the question of his admissibility was to be determined by the rules of the common law, why was he not a competent witness when…
2Cases cited5 opinions
- Murray v. SmithThe Superior Court of New York City · 1853
- Small v. MottCourt for the Trial of Impeachments and Correction of Errors · 1839
- Gregory v. DodgeCourt for the Trial of Impeachments and Correction of Errors · 1835
- Lake v. AubornNew York Supreme Court · 1837
- Lefferts v. De MottNew York Supreme Court · 1839
3Cited by5 opinions
- Linn v. GilmanMichigan Supreme Court · 1881
- Oaks v. HarrisonSupreme Court of Iowa · 1867
- Color Printing Attachment Co. v. BrownThe Superior Court of New York City · 1874
- Murray v. FoxNew York Supreme Court · 1886
- Wilmot v. RichardsonThe Superior Court of New York City · 1861