Perkins v. Stebbins
New York Supreme Court
THIS action originated in a justice’s court. It was brought to recover for money lent, horse keeping, board, &c. The plaintiff called James F. Perkins as a witness, who testified as follows : “ I know the parties; I am son of the plaintiff in this suit; plaintiff resides in this place; keeps a public house. I have seen Franklin Stebbins, and know him; Franklin is agent of Almus Stebbins, and does business as such agent for Almus Stebbins, and has been reputed as such agent.
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THIS action originated in a justice’s court. It was brought to recover for money lent, horse keeping, board, &c. The plaintiff called James F. Perkins as a witness, who testified as follows : “ I know the parties; I am son of the plaintiff in this suit; plaintiff resides in this place; keeps a public house. I have seen Franklin Stebbins, and know him; Franklin is agent of Almus Stebbins, and does business as such agent for Almus Stebbins, and has been reputed as such agent. I let the defendant have six or seven dollars, in June last, as agent of my father. I saw the plaintiff let Franklin…
1Opinion of the Court
By the Court, Balcom, J.
The judgment of the justice cannot be sustained, unless the plaintiff established his cause *524of action by legal evidence, although the defendant was not present at the trial. (13 Wend. 85. 14 id. 159. 1 Denio, 432. 4 id. 184, 460.) Evidence that Franklin Stebbins was reputed to be the defendant’s agent, was clearly incompetent. The witness did not state what kind of business, if any, outside of the matter in controversy in this action, Eranklin had done as agent of the defendant; and when he said he knew Eranklin was agent of the defendant, he merely stated a…
2Cases cited2 opinions
- Northrup v. JacksonNew York Supreme Court · 1834
- Groff v. GriswoldCourt for the Trial of Impeachments and Correction of Errors · 1845
3Cited by3 opinions
- Armstrong v. SmithNew York Supreme Court · 1865
- Baxter v. PutneyOneida County Court · 1868
- Everett v. ParksNew York Supreme Court · 1872