Boyle v. Colman
New York Supreme Court
This was an action upon a promissory note, and was tried before Justice Monson and a jury, at the Otsego circuit. The issue was upon the genuineness of the note.
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This was an action upon a promissory note, and was tried before Justice Monson and a jury, at the Otsego circuit. The issue was upon the genuineness of the note. The jury found for the plaintiff. ' In the progress of the trial, several questions were made upon the admissibility of evidence, and exceptions taken to the decision of the justice, and the defendant, upon an appeal from, the judgment, asked that the judgment be reversed and a new trial granted, upon a bill of exceptions containing the whole evidence.
1Opinion of the Court
By the Court, W. F. Allen, J.
Upon the trial of the cause Ogden H. Eldridge was examined as a witness in behalf of the . plaintiff, and testified to his knowledge of the hand-writing of the defendant, and that he believed the note in suit to be in his proper hand-writing; that he was a teller in a bank, and had been accustomed to examine writings to ascertain whether or not they were genuine. After the defendant had given evidence tending to show that the note was not in his hand-writing, and that the plaintiff had been seen imitating his hand, he recalled Eldridge, and proved by him that…
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