Jones v. East Society of Methodist Episcopal Church
New York Supreme Court
APPEAL from a judgment entered upon the report of a referee. The action was brought to recover a demand claimed to be due from the defendants to one Nathaniel Draper, for money advanced, and services rendered, by him, for them. The defendants denied the allegations of the complaint, and set up the statute of limitations, and other defenses.
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APPEAL from a judgment entered upon the report of a referee. The action was brought to recover a demand claimed to be due from the defendants to one Nathaniel Draper, for money advanced, and services rendered, by him, for them. The defendants denied the allegations of the complaint, and set up the statute of limitations, and other defenses. The action was commenced on the 1st of May, 1851. Draper assigned his claim against the defendants, to the plaintiff, in trust for the benefit of creditors, on the 26th of April, 1851. The plaintiff gave evidence- tending to prove his claims, but none of…
1Opinion of the Court
By the Court, Johnson, J.
The first objection raised by the appellant is, that Draper, the plaintiff’s assignor, was improperly admitted to testify as a witness upon the trial. The decisions upon this question have been conflicting, but we are of opinion that he was a competent witness. The suit was not for his immediate benefit. It is true that a recovery would *174add to a fund which the assignor had set apart and transferred to the plaintiff for the payment of the debts of the assignees. But he had no control over the fund after the assignment, and no claim to any portion of it, unless there…
2Cases cited1 opinion
- Whitaker v. BrownCourt for the Trial of Impeachments and Correction of Errors · 1832
3Cited by4 opinions
- Cuyler v. McCartneyNew York Supreme Court · 1860
- Peck v. CrouseNew York Supreme Court · 1864
- Bullis v. MontgomeryNew York Supreme Court · 1870
- Flagler v. WheelerNew York Supreme Court · 1886