White v. Kibling
New York Supreme Court
THIS was an action of assumpsit. The cause was tried at the Jefferson circuit, the 16th of June, 1813, before Mr. Justice Yates.
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THIS was an action of assumpsit. The cause was tried at the Jefferson circuit, the 16th of June, 1813, before Mr. Justice Yates. The plaintiff gave in evidence a promissory note, dated 17th of May, 1808, by which he promised to pay Simeon Daggett, or order, two hundred and twelve dollars, on or before the 1st of January, 1811, with interest, and endorsed by Dag-0 The defendant’s counsel offered to prove that the note was endorsed originally by Daggett to one William Otis, and that, at time 80 made the endorsement, he informed the agent of Otis that the defendant had paid the note; and that…
1Per curiam
e e The verdict is clearly according to the justice of the case. The testimony is abundantly sufficient to show a payment of the note to the payee, and that the fact of such payment was communicated to the plaintiff, before the note was transferred or delivered to him. The only doubt that can arise is, as to the competency of the evidence admitted to prove the payment. This evidence principally consisted in the proof of what was sworn to by William Otis on a former trial of this cause, in the common pleas of Jefferson county. It was objected that this testimony was not admissible. As a…
2Cited by13 opinions
- People v. . ElliottNew York Court of Appeals · 1902
- Taft v. . LittleNew York Court of Appeals · 1904
- Brown v. CaldwellSupreme Court of Pennsylvania · 1823
- Bryant v. RitterbushSuperior Court of New Hampshire · 1820
- Ross v. KnightSuperior Court of New Hampshire · 1827
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