Everson v. Carpenter
New York Supreme Court
This was an action of assumpsit, tried at the New York circuit, in February, 1836, before the Hon. Ogden Edwards, one of the circuit judges. The suit was brought for the recovery of two promissory notes, bearing date 12th January, 1832; one for $100, payable in 30 days, and the other for $146T6, payable in 60 days.
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This was an action of assumpsit, tried at the New York circuit, in February, 1836, before the Hon. Ogden Edwards, one of the circuit judges. The suit was brought for the recovery of two promissory notes, bearing date 12th January, 1832; one for $100, payable in 30 days, and the other for $146T6, payable in 60 days. After the plaintiff rested, it [420] was proved by the father and mother of the defendant, that he was born on the 18th February, 1811, and "consequently, that at the date of the notes he was an infant. To rebut this testimony, the plaintiff produced an indenture of apprenticeship,…
1Opinion of the Court
By the Court,
Cowen, J.
According to the concurrent testimony of both his father and mother, the defendant would not have been of age till a few days after the date of the notes. But taking the age mentioned in the indenture, and as then stated by both the father and defendant himself, he had been of age some time before.
There can not be a doubt that the indenture and the statement then made by the father, were both admissible as affecting his credibility on the particular point of the defendant’s age; and it was introduced with the proper preliminary question to the witness, whether he had…
2Cited by19 opinions
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- Doe v. ReaganIndiana Supreme Court · 1839
- Hastings v. DollarhideCalifornia Supreme Court · 1864
- Sealy v. StateSupreme Court of Georgia · 1846
- Jefford's Adm'r v. Ringgold & Co.Supreme Court of Alabama · 1844
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