Savage v. D'Wolf
U.S. Circuit Court for the District of Southern New York
This was an action [by William Savage against Julia L. D’Wolf, executrix, etc., of James D’Wolf] upon three promissory notes made by the defendant’s testator to the plaintiff, and amounting, with interest, to $34,554-17, tried before Mr. Justice NELSON, at New-York, in Nov’ember, 1847. The notes were given at Havana, in the island of Cuba, in consideration of an agreement on the part of the plaintiff to discharge three mortgages upon certain coffee and sugar estates in that…
Read the full summary
This was an action [by William Savage against Julia L. D’Wolf, executrix, etc., of James D’Wolf] upon three promissory notes made by the defendant’s testator to the plaintiff, and amounting, with interest, to $34,554-17, tried before Mr. Justice NELSON, at New-York, in Nov’ember, 1847. The notes were given at Havana, in the island of Cuba, in consideration of an agreement on the part of the plaintiff to discharge three mortgages upon certain coffee and sugar estates in that island, amounting nominally to a sum exceeding $80,000. It was a part of the agreement that the notes should remain in…
1Opinion of the Court
NELSON, Circuit Justice.
There is some difference of opinion between the judges, upon the question whether the agreement under which the notes were given was properly admitted in evidence, on proof of the hand-writing of the parties and of the admission made by the plaintiff, without further accounting for the subscribing witnesses. The paper having been executed abroad, the presumption of law was, undoubtedly, that the witnesses were beyond the jurisdiction of the court. But their hand-writing was not proved, nor was the omission to do so properly accounted for. Proof of the admission by a…
2Cases cited4 opinions
- Shaver v. EhleNew York Supreme Court · 1819
- Henry & Emott v. BishopNew York Supreme Court · 1829
- Hall v. PhelpsNew York Supreme Court · 1807
- Fox v. ReilNew York Supreme Court · 1808