Wilcox v. . Corwin
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the second judicial department, entered upon an order made December 10, 1888, which affirmed a judgment in favor of plaintiff, entered upon a verdict and affirmed an order denying a motion for a new trial. The nature of the action and the facts are sufficiently stated in. the opinion.
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Appeal from judgment of the General Term of the Supreme Court in the second judicial department, entered upon an order made December 10, 1888, which affirmed a judgment in favor of plaintiff, entered upon a verdict and affirmed an order denying a motion for a new trial. The nature of the action and the facts are sufficiently stated in. the opinion. Upon the trial of an action a party or a person from, through or under whom such a party derives his interest or title by. assignment or otherwise, shall not be examined as a witness in his own behalf or interest or in behalf of the party…
1Opinion of the CourtDanforth, J.
The action was brought by Ruana Wilcox, as plaintiff, upon a note purporting to be made by Melvin J. Wheeler and James Corwin, in these words:
“ $400. Middletown, January 10, 1881.
“ One year after date we, or either of us, promise to pay to the order of Ruana Wilcox, four hundred dollars ($400) for value received, with interest.
“M. J. WHEELER.
“ JAMES CORWIN.”
Wheeler made default. Afterwards the plaintiff and James Corwin died, and the action was continued in the name of Cleanthus S. Wilcox, as administratrix of Ruana Wilcox, against the executors of Corwin, and they answered. The issue formed…
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