Jones v. Underwood
New York Supreme Court
APPEAL, by the defendants, from an order made at a special term denying a motion for a new trial. The action was brought upon an agreement made between the defendants and one John Cockle, by which the former agreed that, in case the latter would procure for the defendants the agency for the sale of certain rail road bonds, they would pay Cockle one.third of their commissions upon the sale.
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APPEAL, by the defendants, from an order made at a special term denying a motion for a new trial. The action was brought upon an agreement made between the defendants and one John Cockle, by which the former agreed that, in case the latter would procure for the defendants the agency for the sale of certain rail road bonds, they would pay Cockle one.third of their commissions upon the sale. It appeared in evidence that, through the efforts of Cockle, the defendants were appointed agents to sell the bonds, and sold the same; their commissions upon which sales amounted to $7725. That the…
1Opinion of the CourtClerke, J.
The assignment being a component arid essential part of the plaintiff’s right to maintain this action, if its execution was not legally proved, this verdict cannot he sus-r tained.
The elementary principle is, that the execution of every attested instrument, whether under seal or not, must be proved by the subscribing witness, if he can be produced, and is capable of being examined. The reason is, that he may be able to state the time of the execution, and the circumstances attending it, which may be unknown to others; and the party, interested in defeating the instrument, is entitled to avail…
2Cases cited1 opinion
- Hall v. PhelpsNew York Supreme Court · 1807
3Cited by2 opinions
- Hannan v. GreenfieldOregon Supreme Court · 1899
- Hodnett v. SmithThe Superior Court of New York City · 1870