Artcher v. McDuffie
New York Supreme Court
Error to the mayor’s court of the city of Albany. McDuffie sued Artcher in assumpsit, and declared upon the money counts. The defendant pleaded the general issue, and gave notice of set-off.
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Error to the mayor’s court of the city of Albany. McDuffie sued Artcher in assumpsit, and declared upon the money counts. The defendant pleaded the general issue, and gave notice of set-off. On the trial the plaintiff offered in evidence a sealed contract between the parties, dated the 8th of January, 1838, in the following words: “ In consideration of an agreement for the sale of the lot hereinafter described, made between me John Artcher of the one part and Angus McDuffie of the other part, and in consideration of a note given me dated this day, for twelve hundred and fifty dollars, with…
1Opinion of the Court
By the Court, Parker, J.
I will proceed to examine the several alleged grounds of error in the order in which they were presented on the argument. After a judgment record had been introduced, showing that on the 6th of May, 1839, a judgment was recovered in favor of the Commercial Bank of Albany against McDuffie, for $1403,19 damages and costs, Orlando Meads was called as a witness, and testified that a note against McDuffie, dated about the 8th of January, 1838, for over $1000, was passed to the witness by Artcher. The witness was then asked by the counsel for McDuffie, " Did you enter up…
2Cases cited3 opinions
- Holmes v. D'CampNew York Supreme Court · 1806
- Beardsley v. RootNew York Supreme Court · 1814
- Lucket v. BohannonCourt of Appeals of Kentucky · 1814
3Cited by4 opinions
- Smith v. SmithNew York Supreme Court · 1857
- Bainbridge v. RichmondNew York Supreme Court · 1879
- Brooks v. People's BankAppellate Division of the Supreme Court of the State of New York · 1920
- Hall v. CrouseNew York Supreme Court · 1878