Tallman v. Dutcher
New York Supreme Court
Error from the Dutchess common pleas. Dutcher sued Tallman for a false representation in the sale of sheep; and the trial of the cause proved his case. The defendant then called one Losee as a witness, who was present at the sale, and prove a state of facts which shewed that if such representation was made by the defendant, it was subsequently waived by the plaintiff.
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Error from the Dutchess common pleas. Dutcher sued Tallman for a false representation in the sale of sheep; and the trial of the cause proved his case. The defendant then called one Losee as a witness, who was present at the sale, and prove a state of facts which shewed that if such representation was made by the defendant, it was subsequently waived by the plaintiff. On his cross-examination it appeared that the witness owned part of the sheep sold, and that if there was a recovery, he would be liable to contribution. The court decided that his testimony must be rejected. The defendant…
1Opinion of the Court
By theCourt
Nelson, J.
The court certainly erred in ex-the witness Losee, after the offer of release from the "plaintiff in error; for if before interested, on the ground that he *181would be bound to make contribution, the release would have removed it. The defendant was in time in releasing the interest of the witness when the objection was made to his evidence on that point, as was offered in .this case- The decision of the court was equivalent to an exclusion.of the entire evidence of a competent witness for the defendant.
A party in consequence of rather modern practice, is not bound to…
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- State v. HollowayIndiana Supreme Court · 1846
- Hamblett v. HamblettSuperior Court of New Hampshire · 1833