Vanduzen v. Worrell
New York Supreme Court
This was an appeal from a judgment entered upon the report and decision of a referee. The facts sufficiently appear in the opinion of the court.
1Opinion of the Court
By the Court, Marvin, P. J.
In my opinion Philo Haskins was not a competent witness. This case is, I think, stronger than Fitch v. Bates, (11 Barb. 471.) In that case the witnesses had made a voluntary assignment for the benefit of creditors, and it was held that they were not competent witnesses for the *410assignee, in an action against a debtor of the witnesses. (Davies v. Cram, (4 Sand. S. C. R. 355,) is directly in conflict with Fitch v. Bates.
In the present case Haskins was the debtor of Kelson. The latter had recovered two judgments against him, amounting to about three hundred dollars, and…
2Cases cited1 opinion
- Fitch v. BatesNew York Supreme Court · 1851
3Cited by2 opinions
- Cowing v. GreeneNew York Supreme Court · 1859
- Krum v. BeardSupreme Court of Missouri · 1862