Field v. Field
New York Supreme Court
This was an action of assumpsit, tried at the Westchester circuit in September, 1830, before the Hon. James Emott, then one of the circuit judges.
Read the full summary
This was an action of assumpsit, tried at the Westchester circuit in September, 1830, before the Hon. James Emott, then one of the circuit judges. The declaration was in covenant on a sealed note for $575, made by the defendant, payable on demand to “ James Field, treasurer to the purchase meeting school fund or his successor,1’ bearing date “4 m. the 1st, 1817,” and described in the declaration as having been made on the 1st April, 1817. The defendant pleaded that on the 18th August, 1830, he paid to Thomas Carpenter, the successor of James Field, as treasurer to the purchase meeting school…
1Opinion of the Court
By the Court,
Nelson, J.
The objection to the recovery on the ground of variance in respect to the date of the. instrument described in the declaration is untenable. There is none in substance or fact, the pleader not professing to set out the instrument verbatim.
The judge erred in excluding the testimony of Thomas Carpenter, for under no view of the case that we can take was he directly interested in the event of the suit. He had an interest in the fund in common with the other contributors or members of the purchase preparative meeting, but he was called against that interest, so far as it…
2Cited by17 opinions
- Ostrom v. . GreeneNew York Court of Appeals · 1900
- Miller v. GableNew York Supreme Court · 1845
- Mt. Zion Baptist Church v. WhitmoreSupreme Court of Iowa · 1891
- White Lick Quarterly Meeting of Friends v. White Lick Quarterly Meeting of FriendsIndiana Supreme Court · 1883
- Robertson v. BullionsNew York Supreme Court · 1850
12 more not listed; retrieve them via the Exa API.