Fuller v. Townsend
New York Supreme Court
Trover for certain cows and sheep. Plea, not guilty. The cause was tried at the Westchester circuit in November, 1844, before Ruggles, late Cir. J. It appeared that the property in controversy had belonged to the plaintiff, who had leased it with a farm to one Reynolds, who during the term sold it to the defendant. After the plaintiff had proved a prima facie case, the defendant called Reynolds as a witness, who was objected to by the plaintiff on the ground of interest.
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Trover for certain cows and sheep. Plea, not guilty. The cause was tried at the Westchester circuit in November, 1844, before Ruggles, late Cir. J. It appeared that the property in controversy had belonged to the plaintiff, who had leased it with a farm to one Reynolds, who during the term sold it to the defendant. After the plaintiff had proved a prima facie case, the defendant called Reynolds as a witness, who was objected to by the plaintiff on the ground of interest. The defendant released him from all responsibility on account of the costs of the suit. The plaintiff persisted in his…
1Opinion of the Court
By the Court, McKissock, J.
It is a clear proposition that Reynolds was uqder an implied warranty of the title to the property in question to his vendee, the defendant. Primarily, therefore, he was interested to defeat the plaintiff’s action, and the general rule that a vendor of personal property cannot be a witness for his vendee in an action relating to the title prevails every where. (Heermance v. Vernoy, 6 John. 5 ; Chapman v. Andrews, 3 Wend. 240; 1 Greenl. Ev. §§ 397,8; 1 Stark. Ev. 109, Phil. ed. 1837; Phil. Ev. 332 and note; Green. v. The New River Co., 4 T. R. 590; 2 Cowen’s Tr. 429,…
2Cases cited5 opinions
- Marshall v. DavisNew York Supreme Court · 1828
- Heermance v. VernoyNew York Supreme Court · 1810
- Blasdale v. BabcockNew York Supreme Court · 1806
- Baker v. FreemanNew York Supreme Court · 1832
- Chapman v. AndrewsNew York Supreme Court · 1829