Posson v. Brown
New York Supreme Court
IN ERROR, on certiorari, from a justice’s court. Brown brought an action of assumpsit against Posson, before the jus^ce> f°r money had and received, money paid, &c. At the trial, Brown offered a justice of the peace (P. I. Hoes) as a witness to prove that there had been a trial in a suit before him, in which a judgment was given for Posson, against Brown, for 16 dollars, damages and 4 dollars and 81 cents, costs. This evidence was objected to, but admitted by the justice.
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IN ERROR, on certiorari, from a justice’s court. Brown brought an action of assumpsit against Posson, before the jus^ce> f°r money had and received, money paid, &c. At the trial, Brown offered a justice of the peace (P. I. Hoes) as a witness to prove that there had been a trial in a suit before him, in which a judgment was given for Posson, against Brown, for 16 dollars, damages and 4 dollars and 81 cents, costs. This evidence was objected to, but admitted by the justice. The defendant then offered to inquire of the witness what was the evidence before him on the trial of that cause; but this…
1Per curiam
The return to the certiorari, in this case, is very obscurely drawn; and it is difficult to discover the real grounds of the action. As the judgment obtained before the other justice, (Hoes,) in favour of Posson against Brown, was given in evidence, it is most probable that the present suit was brought to recover back the money recovered of the plaintiff below, in the other suit. The judgment, at all events, was deemed material evidence. The question then is, whether that judgment was duly proved.
Though the proceedings and judgment before a justice may not be, technically, a record, yet the…
2Cited by8 opinions
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- Grimm v. HamelNew York Court of Common Pleas · 1859
- Pratt v. PeckhamNew York Supreme Court · 1855
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