Haughey v. Wright
New York Supreme Court
Appeal from a judgment in favor of the plaintiff, entered upon the report of a referee. The objection made to the question asked of defendant — “Is the body of the note in your handwriting ? ”— was improperly overruled. It was not a personal transaction with the intestate of the plaintiff, and the defendant was not incompetent under section 399 of the Code. (Simmons v. Sisson, 26 N. Y., 261; Franlilin v. Pinl&ney, 18 Abb.
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Appeal from a judgment in favor of the plaintiff, entered upon the report of a referee. The objection made to the question asked of defendant — “Is the body of the note in your handwriting ? ”— was improperly overruled. It was not a personal transaction with the intestate of the plaintiff, and the defendant was not incompetent under section 399 of the Code. (Simmons v. Sisson, 26 N. Y., 261; Franlilin v. Pinl&ney, 18 Abb. Pr., 186 ; Kerr v. McGuire, 28 N. Y., 116,152; Daniels' Exr. v. Foster, 26 Wis., 686, 692.) The several offers to prove by the defendant Smith that he did not sign the note…
1Opinion of the Court
Talcott, J.:
This is an appeal from a judgment for the plaintiff entered on the report of a referee. The action was upon a promissory note claimed to have been given by the defendants as copartners, to the intestate in his lifetime.
The defense was, that the note sued on was a forgery. The appellant seeks .a reversal of the judgment on the ground that the referee made erroneous rulings concerning the admission and rejection of evidence.
The referee allowed questions to be put to witness to show that the “ body ” of the note, as well as the signature, was in the handwriting of the defendant…
2Cases cited2 opinions
- Dubois v. . BakerNew York Court of Appeals · 1864
- Dubois v. BakerNew York Supreme Court · 1863