Lovett v. Adams
New York Supreme Court
This was an action of debt, tried at the Wayne circuit in June, 1828, before the Hon. Enos T. Throof, then one of the circuit judges. ° . . . . - . , 1 he declaration was on a joint and several bond, execute(^ ^7 n^ne persons, bearing date 21st September, 1824, conditioned for the payment of S8000. Four of the obligors on^7 appeared to have been sued.
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This was an action of debt, tried at the Wayne circuit in June, 1828, before the Hon. Enos T. Throof, then one of the circuit judges. ° . . . . - . , 1 he declaration was on a joint and several bond, execute(^ ^7 n^ne persons, bearing date 21st September, 1824, conditioned for the payment of S8000. Four of the obligors on^7 appeared to have been sued. On the trial of the cause the defendants offered to prove that the bond was executed ^7 them as sureties for a loan which the Montezuma Turnpike and Bridge Company were negotiating to obtain from the plaintiffs; that the bond was executed at…
1Opinion of the Court
By the Court,
Savage, Ch. J.
The defence was, that the bond on which this suit was brought was never delivered by the defendants, which fact was offered to be proved by a coobligor, as to whose execution of the bond there was no dispute. The witness offered was rejected on the ground of interest. How was he interested ? If he testified to the facts which the defendants offered to prove by him he could not be benefited by it, but rather injured. If the bond is valid against the nine obligors, he must pay one ninth part of it; if but jive executed the bond, and the witness was one of the five,…
2Cited by26 opinions
- Deardorff v. ForesmanIndiana Supreme Court · 1865
- Blewitt v. . BoorumNew York Court of Appeals · 1894
- Bibb v. ReidSupreme Court of Alabama · 1841
- The People v. . BostwickNew York Court of Appeals · 1865
- State ex rel. Bothrick v. PotterSupreme Court of Missouri · 1876
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