Alexander v. Byron
New York Supreme Court
This was an action of assumpsit on two promissory notes. Plea non assumpsit. At the trial the defendant set lip the defence of usury. The trial commenced on Thursday, and lasted till Friday evening,.and many witnesses were examined on both sides, and a verdict was found for the plaintiff. A motion was made on the part of the defendant for anew trial, on the ground of a refusal by the court to permit a witness offered by the defendant to be examined.
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This was an action of assumpsit on two promissory notes. Plea non assumpsit. At the trial the defendant set lip the defence of usury. The trial commenced on Thursday, and lasted till Friday evening,.and many witnesses were examined on both sides, and a verdict was found for the plaintiff. A motion was made on the part of the defendant for anew trial, on the ground of a refusal by the court to permit a witness offered by the defendant to be examined. The witness was refused under the following circumstances: he had been subpoenaed long before the trial of the cause ; he resided on York island,…
1Opinion of the Court
*Kent, J.
This is not a question on the propriety of the verdict, in respect to the evidence given. The facts are not stated in the case, nor any dissatisfaction alleged with the verdict, upon the evidence received. We, therefore, cannot say or intend, that the verdict is against evidence; nor can we say how far this general confession of the plaintiff, if it had been received, would have varied the decision, because we have no lights by which the testimony can be compared. *
The question is, then, simply whether it was the duty of the judge, under the circumstances of the case, to have…
2Cited by5 opinions
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