Benedict v. Hecox
New York Supreme Court
[491] Error from the supreme court. Hecox sued Benedict, Lothrop, Perine, and Collins, survivors of one John Drake, junior, in an action of assumpsit for moneys paid, &c. On the trial, he claimed to recover the amount of a note discounted at a bank, which he alleged he had signed as surety, and had been compelled to pay; and that the money obtained upon the note had been appropriated to the use of all the defendants.
Read the full summary
[491] Error from the supreme court. Hecox sued Benedict, Lothrop, Perine, and Collins, survivors of one John Drake, junior, in an action of assumpsit for moneys paid, &c. On the trial, he claimed to recover the amount of a note discounted at a bank, which he alleged he had signed as surety, and had been compelled to pay; and that the money obtained upon the note had been appropriated to the use of all the defendants. He produced a note dated 2d April, 1826, for $3000, payable 90 days after date, to the president, &c., of the Bank of Utica at their branch bank in Canandaigua, which was signed…
1Opinion of the Court
After advisement, the following opinions were delivered in reference to Foster’s competency as a witness:
By the Chancellor.
[493] I think that Foster was directly interested in the event of the suit, and was therefore an incompetent witness for the plaintiff. He had signed the note with the plaintiff and Ferine as joint sureties for Drake, and was therefore bound to contribute at least one third, and one half if Ferine was *260insolvent, to repay to the complainant whatever money the latter had advanced out of his own funds to pay and take up the note; and the only right of action in this case is…
2Cases cited3 opinions
- Harris v. WarnerNew York Supreme Court · 1835
- Emerton v. AndrewsMassachusetts Supreme Judicial Court · 1808
- Conrad v. KeyserSupreme Court of Pennsylvania · 1819
3Cited by6 opinions
- Catlin v. . TobiasNew York Court of Appeals · 1863
- Henderson v. MorrisOregon Supreme Court · 1873
- Brownson v. GiffordNew York Supreme Court · 1852
- Catlin v. TobiasNew York Court of Appeals · 1863
- Budd v. WalkerNew York Court of Appeals · 1889
1 more not listed; retrieve them via the Exa API.