Brandigee v. Hale
New York Supreme Court
THIS was an action of assumpsit, on three promissory notes, payable on demand, made by the defendant to one Jacob Brandigee, or order, and by him endorsed to the plaintiff, dated the 18th of April, 1807, for one hundred dollars each. The cause was tried at the Otsego circuit, in May, 1815, before Mr. J. Spencer.
1Opinion of the CourtPlatt, J.
Upon the first question, as to the competency, of the witness, we are of opinion that the bond for costs, so executed and filed, would have been available to the defendant, in case the verdict, had been for him, or the plaintiff had become nonsuit: and as the defendant acknowledged the sufficiency of the obligors, I think the attorney was properly admitted as a witness. If the solvency of the sureties had been denied, it might have presented a question of more embarrassment. I think it very questionable, whether the judge, at the circuit, could determine upon the sufficiency of the obligors,…
2Cited by2 opinions
- Granon v. HartshorneDistrict Court, S.D. New York · 1834
- Potter v. Inhabitants of WareMassachusetts Supreme Judicial Court · 1848