Strong v. Grannis
New York Supreme Court
APPEALS from judgments on reports of a referee. Both appeals were heard together. The actions were brought to recover the amounts of two promissory notes, both dated Niagara, 0. W., January 17th, 1855, made by the defendants, each for the sum of $250, with interest, both payable at the office of Wm. Breck & Co., Rochester, N. Y., one in three months and the other in six months from date. Both notes were payable to the order of the defendant Samuel Brown.
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APPEALS from judgments on reports of a referee. Both appeals were heard together. The actions were brought to recover the amounts of two promissory notes, both dated Niagara, 0. W., January 17th, 1855, made by the defendants, each for the sum of $250, with interest, both payable at the office of Wm. Breck & Co., Rochester, N. Y., one in three months and the other in six months from date. Both notes were payable to the order of the defendant Samuel Brown. The defense interposed in each case was that the notes were executed under duress of imprisonment of the defendant Grannis and to procure…
1Opinion of the Court
By the Court, Welles, J.
The first question to be determined, is whether the referee properly excluded the evidence offered by the witness Grannis, one of the defendants. And it seems to me that the evidence was properly excluded, within the principle of the case of Dean v. Thornton and Dutton, (3 Kern. 266.) That was an action brought for entering the plaintiff’s close and cutting down and carrying away timber. The cutting and carrying away the timber, by the defendant, was proved. Dutton was sworn as a witness for Thornton, who offered to prove by him the sale of the timber in question to…
2Cases cited2 opinions
- Watkins v. BairdMassachusetts Supreme Judicial Court · 1810
- Thompson v. LockwoodNew York Supreme Court · 1818
3Cited by12 opinions
- Ettlinger v. . National Surety Co.New York Court of Appeals · 1917
- Osborn v. . RobbinsNew York Court of Appeals · 1867
- Gibson v. PattersonSupreme Court of Georgia · 1885
- Bradley v. IrishAppellate Court of Illinois · 1891
- Griffith v. SitgreavesSupreme Court of Pennsylvania · 1879
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