Manchester Iron Manufacturing Co. v. Sweeting
New York Supreme Court
This was an action of assumpsit, tried at the Ontario circuit, before the Hon. Daniel Moseley, one of the circuit judges. The suit was against the defendant alone, on a joint and several note signed by Allen Cummings and the defendant, dated 27th January, 1826, whereby the signers promised to pay the plaintiffs $51,80 in drawing ore from Ontario to Manchester. The plaintiffs having proved the note, rested.
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This was an action of assumpsit, tried at the Ontario circuit, before the Hon. Daniel Moseley, one of the circuit judges. The suit was against the defendant alone, on a joint and several note signed by Allen Cummings and the defendant, dated 27th January, 1826, whereby the signers promised to pay the plaintiffs $51,80 in drawing ore from Ontario to Manchester. The plaintiffs having proved the note, rested. The defendant called Reuben Fitzgerald as a witness, who was objected to by the plaintiff as incompetent on the ground that by a writing under Ms hand and seal produced in court, he had…
1Opinion of the Court
By the Court,
Savage, Ch. J.
There can be no doubt that the engagement entered into by Fitzgerald rendered him incompetent on the ground of interest. Nothing appears in the case to sustain the imputation urged on the part of the defendant of fraud or collusion between the plaintiffs and the witness, to deprive the defendant of his testimony, for the defendant was a party with the witness to the agreement; and it does not appear that the plaintiffs knew that Fitzgerald could be a witness in the suit- then pending. This the defendant offered to shew, and that the agreement was entered into with…
2Cited by12 opinions
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