Gregory v. Dodge
Court for the Trial of Impeachments and Correction of Errors
Appeal from chancery. Gregory and Selman filed a bill in chancery against Dodge and Green, for an account in relation to certain mercantile transactions had between them. The complainants resided at Marblehead, in the state of Massachusetts ; the defendants in the city of New-York.
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Appeal from chancery. Gregory and Selman filed a bill in chancery against Dodge and Green, for an account in relation to certain mercantile transactions had between them. The complainants resided at Marblehead, in the state of Massachusetts ; the defendants in the city of New-York. The business in reference to which an account was asked, was the buying and selling of fish; the complainants from time to time having consigned large quantities of fish to the defendants, which, by an agreement between them made about the 1st January, 1827, the defendants were to sell and account for, taking one…
1Opinion of the Court
The following.opinions were delivered:
By Mr. Justice Nelson.
Whether Kingsbury is a competent witness for the defendant below, is to be determined by a careful consideration of his testimony taken by the examiners, as the exception, if available at all, (a point I am not disposed to examine, though j must say I think it very loosely taken,) was founded upon it; and it necessarily follows, in the investigation and decision of the question, we must look at the whole of it, and upon the assumption that it is true. Had the complainants desired to put the question upon any different footing, they…
2Cases cited1 opinion
- Silver v. CummingsNew York Supreme Court · 1831
3Cited by8 opinions
- Moshier v. Knox CollegeIllinois Supreme Court · 1863
- Collins v. EllisNew York Supreme Court · 1839
- Neass v. MercerNew York Supreme Court · 1853
- Lake v. AubornNew York Supreme Court · 1837
- Wilmot v. RichardsonThe Superior Court of New York City · 1857
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