Birdsall v. . Patterson
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the seventh judicial district, affirming a judgment in favor of the plaintiffs, entered upon the decision of the court at Special Term. The action was brought to set aside and restrain the foreclosure of a bond and mortgage on the ground of usury.
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Appeal from judgment of the General Term of the Supreme Court in the seventh judicial district, affirming a judgment in favor of the plaintiffs, entered upon the decision of the court at Special Term. The action was brought to set aside and restrain the foreclosure of a bond and mortgage on the ground of usury. The material facts, as alleged in the complaint, are as follows : On the 20th day of January, 1852, the plaintiff Henry H. made to Hayt & Towner his bond, the payment whereof was secured by a mortgage then made to them by the plaintiffs upon lands owned by the plaintiff Rachel. And…
1Opinion of the Court
Earl, C.
Hpon the trial of this action, the defendant objected that the plaintiff, Henry H. Birdsall, was not competent to give evidence in behalf of his wife, the other plaintiff. The objection was overruled and he gave such evidence.
The action was tried in September, 1862, and then the Code, § 399, provided that a party to an action might be examined as a witness “ on his own behalf, or in behalf of any other party, in the same manner and subject to the same rules of examination as any other witness.” This section of the Code has frequently perplexed the legislature apd the courts. It has…
2Cases cited5 opinions
- Chamberlain v. . the PeopleNew York Court of Appeals · 1861
- Crippen v. HeermanceNew York Court of Chancery · 1841
- Marsh v. PotterNew York Supreme Court · 1860
- Snell v. LoucksNew York Supreme Court · 1852
- Wehrkamp v. WillettNew York Court of Appeals · 1864
3Cited by23 opinions
- Moore v. . Metropolitan National BankNew York Court of Appeals · 1873
- Hartley v. . Eagle Insurance Co.New York Court of Appeals · 1918
- Pence v. GarrisonIndiana Supreme Court · 1884
- Carroll v. . BullockNew York Court of Appeals · 1913
- McClave v. . GibbNew York Court of Appeals · 1898
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