Clapp v. Wilson
New York Supreme Court
Assumpsit for work, labor and materials in erecting a dwelling house. Plea, non-assumpsit. The cause was tried before referees. The evidence showed that the plaintiff erected a house in the year 1834, on a lot in the city of Albany, the title to which was in the defendant. The plaintiff gave evidence of the labor performed and materials furnished, and that the defendant was often present giving advice and directions concerning the business.
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Assumpsit for work, labor and materials in erecting a dwelling house. Plea, non-assumpsit. The cause was tried before referees. The evidence showed that the plaintiff erected a house in the year 1834, on a lot in the city of Albany, the title to which was in the defendant. The plaintiff gave evidence of the labor performed and materials furnished, and that the defendant was often present giving advice and directions concerning the business. The defence was that the building was erected for one S. T. Carr, a son-in-law of the defendant, and upon his employment. Carr was examined as a witness…
1Opinion of the Court
By the Court, Whittlesey, J,
It was competent for the plaintiff to give in evidence the deposition of Carr before the master, for the purpose of impeaching him or impairing confidence in his testimony. To do. this the deposition should be proved ; and it was well enough proved by showing it to the witness and obtaining his, admission that the signature to it was genuine. This proof would enable the plaintiff’s counsel to read it whenever it was proper for him to make it evidence on his part, and the whole of it would then be evidence. (1 Phil. Ev. 296; The Queen’s case, 2 Brod. & Bing. 286.)…
2Cases cited2 opinions
- Leggett v. BoydNew York Supreme Court · 1829
- Mercer v. SayreNew York Supreme Court · 1810
3Cited by15 opinions
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- Lightfoot v. PeopleMichigan Supreme Court · 1868
- Romertze v. . East River National BankNew York Court of Appeals · 1872
- Forrest v. ForrestThe Superior Court of New York City · 1856
- Chicago City Railway Co. v. MatthiesonAppellate Court of Illinois · 1904
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