Legal Opinion

Titford v. Knott

New York Supreme Court

Decided January 15, 1801PublishedCited by 10 opinions

This was an action on the case, brought by the plaintiff, as the endorsee of a promissory note, against the defendant, as the maker, and was tried at a circuit court, held in the city of New York, on the 9th day of April, 1800, before Mr. Ch. J. Lansing.

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This was an action on the case, brought by the plaintiff, as the endorsee of a promissory note, against the defendant, as the maker, and was tried at a circuit court, held in the city of New York, on the 9th day of April, 1800, before Mr. Ch. J. Lansing. The plaintiff called John Goodeve, as a witness, who said that he had known the defendant for several years, but was not well acquainted with his hand-writing ; that he had been bail for the defendant to the sheriff, in this action, and upon that occasion, he believed he had seen the defendant sign his name to the bail bond which was produced…

1Opinion of the CourtKent, J.

The question, in this case, is as to the competency of the proof of the hand-writing of the defendant; and we are of opinion it was admissible. It is usual for witnesses to prove hand-writing, from previous knowledge of the hand, derived from having seen the person write, or from authentic papers, received in the course of business.(a) (Peake’s N. P. 21. 1 Esp. Cases, 15, 351, 352.) If the witness has no previous knowledge of the *214hand, he cannot then be permited to decide it, in court, from a comparison of hands. (1 Esp. Cas. 14.)(b)

To repel this proof, the defendant produced two witnesses,…

2Cases cited3 opinions

  1. Rowt's adm'x. v. Kile's adm'r.Supreme Court of Virginia · 1829
  2. Johnson v. DaverneNew York Supreme Court · 1821
  3. Gardner's Administrator v. VidalSupreme Court of Virginia · 1828

3Cited by10 opinions

  1. Homer v. WallisMassachusetts Supreme Judicial Court · 1814
  2. Huston v. SchindlerIndiana Supreme Court · 1873
  3. Cunningham v. Hudson River BankNew York Supreme Court · 1839
  4. Commonwealth v. SmithSupreme Court of Pennsylvania · 1819
  5. Moody v. RowellMassachusetts Supreme Judicial Court · 1835

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