Ten Eyck v. Bill
New York Supreme Court
Error from the Albany common pleas. Bill sued Ten Eyck in the common pleas and declared against him in trover for a horse. Ten Eyck, as sheriff of the city and county of Albany, had taken the horse by virtue of an execution on a judgment in favor of one Mapes against one McEIroy, and sold the same to Philo Fuller for the sum of $72, and the money remained in the hands of the sheriff.
Read the full summary
Error from the Albany common pleas. Bill sued Ten Eyck in the common pleas and declared against him in trover for a horse. Ten Eyck, as sheriff of the city and county of Albany, had taken the horse by virtue of an execution on a judgment in favor of one Mapes against one McEIroy, and sold the same to Philo Fuller for the sum of $72, and the money remained in the hands of the sheriff. Fuller was called as a witness to prove that the horse was the property of t|le The defendant objected to his competency on the ground of interest. Fuller stated on his voire dire, that the plaintiff then was and…
1Opinion of the Court
By the Court,
Savage, Ch. J.
The rule is, that an interest in the cause to exclude a witness must be direct and certain, not contingent. In Peyton v. Hallelt, 1 Caines, 362,it appeared that the witness had received from the plaintiff, for a debt due from the plaintiff, an order on the plaintiff’s agent to be paid out of the money to be recovered in that suit, though the order was not accepted. He added, that whether the order was accepted or not, he should look to the plaintiff for payment of his debt. The court held the witness was incompetent on the ground of interest. Lewis, Ch. J. thought…
2Cases cited1 opinion
- Jackson ex dem. Putnam v. BowenNew York Supreme Court · 1803
3Cited by8 opinions
- Hart v. DeamerNew York Supreme Court · 1831
- Bork v. NortonU.S. Circuit Court for the District of Illinois · 1841
- Ward v. LeeNew York Supreme Court · 1834
- Warne v. PrentissSupreme Court of Missouri · 1845
- Burroughs v. United StatesU.S. Circuit Court for New York · 1856
3 more not listed; retrieve them via the Exa API.