Miller v. Gambie
New York Supreme Court
This was an action of debt. The declaration contained two counts; the first count being on a judgment in the supreme court in favor of the plaintiff for $540,09, in an action of assumpsit, rendered in the term of July, 1845, and the second count being for $459,91, for interest. The plea was nil debet. The cause was tried at the Seneca circuit, November 13,1846, before Whiting, Cir.
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This was an action of debt. The declaration contained two counts; the first count being on a judgment in the supreme court in favor of the plaintiff for $540,09, in an action of assumpsit, rendered in the term of July, 1845, and the second count being for $459,91, for interest. The plea was nil debet. The cause was tried at the Seneca circuit, November 13,1846, before Whiting, Cir. J. Upon the trial, the plaintiff gave in evidence an exemplified copy of the record of the judgment in favor of the plaintiff against the defendants, mentioned in the first count of the declaration. The record also…
1Opinion of the Court
By the Court, Welles, J.
The testimony of the witness Jacob Gambie, of what took place at Mr. Birdsall’s office in the absence of the plaintiff, was properly received. It was conversation and transactions with the plaintiff’s agent, in relation to taking the note in question. The declarations of the party on that occasion were of the res gestee, and not obnoxious to the objection that it was res inter alios acta. The only reason *150why it is deemed necessary now to notice this point, is to show that the testimony was properly before the jury, and forms a part of the case. If the objection to it…
2Cited by4 opinions
- Seymour v. CowingNew York Court of Appeals · 1864
- Seymour v. CowingNew York Court of Appeals · 1864
- Knight v. HurlbutIllinois Supreme Court · 1874
- A. H. Andrews & Co. v. HessAppellate Division of the Supreme Court of the State of New York · 1897