Maverick v. . Eighth Avenue R.R. Co.
New York Court of Appeals
Appeal from a judgment of the General Term of the Court of Common Pleas of the City and County of New York, affirming a judgment for the Plaintiff for $1,215.13 damages and costs entered on a verdict rendered on trial before Hon. John R. Brady, judge of that Court, and a jury. A motion for a new trial was made at Special Term, which was denied by order, dated the 7th of February, 1861. Appeal was taken to the Court at General Term from the judgment and order.
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Appeal from a judgment of the General Term of the Court of Common Pleas of the City and County of New York, affirming a judgment for the Plaintiff for $1,215.13 damages and costs entered on a verdict rendered on trial before Hon. John R. Brady, judge of that Court, and a jury. A motion for a new trial was made at Special Term, which was denied by order, dated the 7th of February, 1861. Appeal was taken to the Court at General Term from the judgment and order. The General Term affirmed the judgment and order, with costs, and judgment was accordingly entoi'ed, August 22d, 1861, with $100.04…
1Opinion of the CourtScrugham, J.
The testimony of the Plaintiff, Augustus Maverick, was properly received. The question is not whether he can ho a witness for his wife, but whether, being a party, he must be debarred from testifying in his own behalf because his wife is also a party to the action. If the result of the action could only affect bis wife, or her separate property, and he was merely a nominal Plaintiff', having no pecuniary interest whatever in the result, and he should be offered as a witness, the question as to his inadmissibility on account of liis marital relation to the real Plaintiff in interest would be…
2Cases cited2 opinions
- Bowen v. . New York Central Railroad Company.New York Court of Appeals · 1858
- Deyo v. . New York Central Railroad Co.New York Court of Appeals · 1865
3Cited by39 opinions
- Treadwell v. WhittierCalifornia Supreme Court · 1889
- Dougherty v. Missouri Pacific RailroadMissouri Court of Appeals · 1881
- Richmond City Railway Co. v. ScottSupreme Court of Virginia · 1890
- Spellman v. Lincoln Rapid Transit Co.Nebraska Supreme Court · 1893
- Montgomery Street Railway Co. v. MasonSupreme Court of Alabama · 1901
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