Jacks v. . Nichols
New York Court of Appeals
* Appeal from the general term of the Supreme Court, in the first district, where the decree of assistant vice-chancellor Sandpoed, in the former court of chancery, had been reversed, and the bill dismissed. (Reported below, 5 Barb. 38, and in chancery, 3 Sandf. Ch. 313.) This was a bill in equity filed by Pulaski Jacks and Hamlet Jacks, late copartners, under the firm name of P. & PI.
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* Appeal from the general term of the Supreme Court, in the first district, where the decree of assistant vice-chancellor Sandpoed, in the former court of chancery, had been reversed, and the bill dismissed. (Reported below, 5 Barb. 38, and in chancery, 3 Sandf. Ch. 313.) This was a bill in equity filed by Pulaski Jacks and Hamlet Jacks, late copartners, under the firm name of P. & PI. Jacks, and Jesse D. Price, their assignee, under a general assignment for the benefit of creditors, to compel David B. Nichols, the defendant, to deliver up to be cancelled certain promissory notes of P. & H.…
1Opinion of the CourtGkay, J.
The answer of the defendant under oath was asked for by the complainant, and is, therefore, of itself, equal to the evidence of one witness in favor of the defendant. This answer the defendant insists has not been overthrown by the evidence of Young, by whose testimony it is shown, that the funds upon which the defendant drew were, in fact, in New York, at the date of the written proposition of the plaintiffs, which was acceded to by the defendant, and which fixes the terms of the loan, except as to time and security. The defendant and Young stand before us as two witnesses called by the…
2Cases cited1 opinion
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