Eaton v. North
New York Supreme Court
Appeal from the Otsego county court. The action was commenced before a justice of the peace by Eaton, against North and Edmunds, to recover the value of a watch, chain and key, alledged to have been taken and converted by the defendants to their own use. The plaintiff claimed to recover $37. The defendants’ answer was simply a denial of the allegations in the complaint.
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Appeal from the Otsego county court. The action was commenced before a justice of the peace by Eaton, against North and Edmunds, to recover the value of a watch, chain and key, alledged to have been taken and converted by the defendants to their own use. The plaintiff claimed to recover $37. The defendants’ answer was simply a denial of the allegations in the complaint. After issue was joined, the plaintiff, upon notice to the defendants, applied for a commission to be directed to Lodowick Mott, of Parkersburgh, Virginia, to examine Nathaniel Mott, of the same place, as a witness. The…
1Opinion of the Court
By the Court, Gridley, J.
On an attentive examination of the affidavit on which the plaintiff moved fdr a commission, we think that the materiality of the absent witness was positively sworn to. The qualification of the previous allegation by a statement of the information and belief of the person making the affidavit, refers to its immediate antecedent, viz. the residence of the absent witness in Virginia. And so it seems to have been understood at the trial; for the defendants’ counsel questioned the witness as to his means of knowledge concerning the statement that the absent witness…
2Cited by4 opinions
- In re GarveyAppellate Division of the Supreme Court of the State of New York · 1898
- Cadmus v. OakleyNew York Surrogate's Court · 1883
- Collins v. SchafferNew York Supreme Court · 1894
- Dryer v. SexsmithNew York Supreme Court · 1886