Noble & Palmer v. Paddock
New York Supreme Court
This was an action on the case, tried at the Onondaga circuit in April, 1836, before the Hon. Daniel Moseley, one of the circuit judges.
Read the full summary
This was an action on the case, tried at the Onondaga circuit in April, 1836, before the Hon. Daniel Moseley, one of the circuit judges. The action against the defendant was for negligence, in navigating a canal boat called the Amboy, of which he was the owner and master, whereby his boat came in collision with another boat called the Calcutta, on board of which the plaintiffs had a large quantity of barley, and broke and injured her so that the barley became wet and damaged. The first count of the declaration charged the defendant personally with negligence. The second charged the injury to…
1Opinion of the Court
By the Court,
Nelson, Ch. J.
The master was in the immediate charge and direction of his boat, and the principal question in the case is, whether one of the hands, who acted as steersman at the time of the collision, was a competent witness for him without release.
The rule is admitted that the agent or servant is competent to prove the payment, or receipt of money, or the delivery of goods, &c. on behalf of the principal or master, though his evidence may tend to discharge himself. This rule is founded upon public convenience, for the benefit of trade and the common usage of business. Bull. N.…
2Cited by3 opinions
- Barnes v. ColeNew York Supreme Court · 1839
- Johnson v. LightseySupreme Court of Alabama · 1859
- Finn v. Vallejo Street Wharf Co.California Supreme Court · 1857