Clement v. Adams
New York Supreme Court
This was an appeal from the judgment of a justice of the peace, certified into this court. On the trial below, the plaintiff proved his cause of action and rested. The defendant, as a set-off, produced a note, purporting to be made by the plaintiff, payable to Jonathan Hudson or bearer, and to prove said note called the payee as a witness.
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This was an appeal from the judgment of a justice of the peace, certified into this court. On the trial below, the plaintiff proved his cause of action and rested. The defendant, as a set-off, produced a note, purporting to be made by the plaintiff, payable to Jonathan Hudson or bearer, and to prove said note called the payee as a witness. The plaintiff objected to this witness being sworn, because he was an assignor of the note, and ten days’ previous notice of his intended examina, tion, &c., as required by § 399 of the Code, had not been given. The objection was overruled, and the…
1Opinion of the Court
By the court—James, Justice.
Three questions are presented by this appeal, arising under § 399 of the Code, viz.: 1st. Are the provisions of § 399 applicable to courts of justices of the peace % 2d. Is the payee of a negotiable promissory note, who transfers it by delivery, an assignor of a thing in action or contract, within its meaning 1 and, 3d. In what cases is notice of the party’s intention to examine an assignor as a witness requisite %
The first question must be considered as settled in this district. We have repeatedly held that § 399 is a rule of evidence, and thus applicable to…
2Cases cited6 opinions
- Jagoe v. AlleynNew York Supreme Court · 1853
- Cutts v. FrostSuperior Court of New Hampshire · 1813
- Potter v. BushnellNew York Supreme Court · 1854
- Goble v. KinneyNew York Supreme Court · 1855
- Knickerbacker v. AldrichNew York Supreme Court · 1852
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