Jessop v. Miller
New York Court of Appeals
Appeal from an order of the General Term of the third district affirming an order of the Special Term granting a new trial in this cause. The action was for the claim and delivery of a quantity of ■ upon the condition that he should pay for the same in his notes indorsed by a firm in the city of Hew York, and which ■condition had never been complied with, and hence title had never passed to White.
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Appeal from an order of the General Term of the third district affirming an order of the Special Term granting a new trial in this cause. The action was for the claim and delivery of a quantity of ■ upon the condition that he should pay for the same in his notes indorsed by a firm in the city of Hew York, and which ■condition had never been complied with, and hence title had never passed to White. The answer contained a general denial of the matters alleged in the complaint, and White for himself set up, by way of affirmative defense, that the sale to him was absolute, and that he assigned…
1Opinion of the CourtMullin, J.
The first alleged error presented by the record in this case is the admission of Stagg as a witness for the plaintiff, he being, as it is claimed, a person for whose immediate benefit the action is prosecuted, having signed the undertaking required by the Code to be given in proceedings for the claim and delivery of property.
Stagg could derive no benefit whatever from the suit, except by being released from his undertaking. He had an interest which under the former practice would have excluded him from being a witness, until another undertaking was substituted. Interest is no longer a ground…
2Cases cited5 opinions
- Nichols v. . MichaelNew York Court of Appeals · 1861
- Smith v. . LynesNew York Court of Appeals · 1851
- Leven v. SmithCourt for the Trial of Impeachments and Correction of Errors · 1845
- Haggerty v. PalmerNew York Court of Chancery · 1822
- Haggerty v. DuaneNew York Court of Chancery · 1829
3Cited by7 opinions
- International Packaging Corp. v. MarshallCivil Court of the City of New York · 1971
- Talcott v. BeldingThe Superior Court of New York City · 1873
- Stark v. United States National BankNew York Supreme Court · 1886
- Talcott v. BeldingThe Superior Court of New York City · 1873
- Van Liew v. JohnsonNew York Supreme Court · 1875
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