Flinn v. Chase
New York Supreme Court
Error to the court of common pleas of Niagara county. The cause óriginatéd in a justice’s court and was tried in the common pleas on appeal. The plaintiff sued as administrator of W. Dugan deceased, in assumpsit for money lent. .Pleas, non-assumpsit, and that the plaintiff was not administrator.
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Error to the court of common pleas of Niagara county. The cause óriginatéd in a justice’s court and was tried in the common pleas on appeal. The plaintiff sued as administrator of W. Dugan deceased, in assumpsit for money lent. .Pleas, non-assumpsit, and that the plaintiff was not administrator. The plaintiff gave in evidence letters of administration issued to himself by the surrogate of Niagara county, on the 24th of May, 1845. One Skinner, a witness for the plaintiff, gave evidence ténding to show an indebtedness by the defendant to thé intestate in his lifetime of one hfindred dollars,…
1Opinion of the Court
By the Court, Beardsley, J.
Skinner was a material witness to prove the plaintiff’s cause of action. At the close of his direct examination, the counsel for the defendant offered to prove by the witness that he was a creditor of the deceased when he died, and was so still. It was stated by the counsel that he designed to show by this witness and otherwise, not only that he was such creditor, but also that the estate of the deceased was insolvent; upon which it would be contended that the witness was incompetent to give evidence to maintain the action. This was the substance of the offer, and,…
2Cases cited1 opinion
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