Lefferts v. De Mott
New York Supreme Court
This was an action of assumpsit for wheat sold and delivered in October, 1834. The cause was referred, and at the hearing before the referees the plaintiff made out a prima facie case by proving a delivery of the wheat at the store house of De Mott, Ingersoll dp Co., of which firm the defendants were members.
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This was an action of assumpsit for wheat sold and delivered in October, 1834. The cause was referred, and at the hearing before the referees the plaintiff made out a prima facie case by proving a delivery of the wheat at the store house of De Mott, Ingersoll dp Co., of which firm the defendants were members. The defendants called as a witness Halsey Sandford, who was a member of the firm of De Mott, Ingersoll dp Co., which was dissolved in 1835. Sandford was not made a party defendant. They offered to prove by him that the wheat was not delivered on a sale to De Mott, Ingersoll & Co., though…
1Opinion of the Court
By the Court,
Cowen, J.
The English rule formerly was, that a partner of the defendants, though omitted as a party, could not be rendered competent by any interchange of releases between him and his copartners, because;, should the plaintiff fail to collect the debt of the defendants by reason of their "death or insolvency, he might still sue the witness in equity. 1 Phil. Ev. 60, 134, 7th ed. Cheyne v. Koops, 4 Esp. R. 112. , Simons v. Smith, Ryl. & Mood. N. P. Cas. 29. There-is, however, according to our own cases and one-in Massachusetts, an end of all claim both at law and in equity against…
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- Beltzhoover v. CommonwealthSupreme Court of Pennsylvania · 1832
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- Newlin v. NewlinSupreme Court of Pennsylvania · 1815
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