Duel v. Fisher
New York Supreme Court
Replevin, tried at the Washington circuit in October, 1844, oefore Willard, Cir. Judge. On the 4th of August, 1842, Levi Smith, being, as he stated in the assignment, in embarrassed circumstances, and unable to pay his debts, assigned all his property, real and personal, to the plaintiffs, in trust for the payment of his creditors, who were, by the assignment, divided into six classes, and were to be paid in the order of classification.
Read the full summary
Replevin, tried at the Washington circuit in October, 1844, oefore Willard, Cir. Judge. On the 4th of August, 1842, Levi Smith, being, as he stated in the assignment, in embarrassed circumstances, and unable to pay his debts, assigned all his property, real and personal, to the plaintiffs, in trust for the payment of his creditors, who were, by the assignment, divided into six classes, and were to be paid in the order of classification. On the 19th day of the same month the defendant obtained a judgment against Smith upon three promissory notes, issued an execution, and caused it to be levied…
1Opinion of the Court
By the Court, Bronson, Ch. J.
The modem doctrine is, that objections to the competency of a witness on the score of interest are not to be favored; and it lies on the objector to show that the wútness has a direct and certain interest in the event of the suit. That fact will not be presumed from doubtful circumstances; it must be proved. (Shipton v. Thornton, 9 Ad. & El. 314.) When the effect of the testimony will be to create, increase, or prevent the diminution of a fund in which the witness is entitled to participate, and without which the whole or some part of his debt or other claim will…
2Cases cited2 opinions
- Stebbins v. SackettSupreme Court of Connecticut · 1824
- Clark v. HoskinsSupreme Court of Connecticut · 1826
3Cited by3 opinions
- Morse v. CloyesNew York Supreme Court · 1851
- Sterling v. RipleyWisconsin Supreme Court · 1851
- Burroughs v. United StatesU.S. Circuit Court for New York · 1856