Johnson v. Blackman
Supreme Court of Connecticut
This was an action on a promissory note, payable to the plaintiff, made by Ammon B. Blackman, (the defendant,) Ebenezer Blackman and James Peck, since deceased, jointly and severally.
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This was an action on a promissory note, payable to the plaintiff, made by Ammon B. Blackman, (the defendant,) Ebenezer Blackman and James Peck, since deceased, jointly and severally. The defendant pleaded, 1st, payment generally ; 2ndly. payment by a promisory note, given by the executors of James Peck, which the plaintiff accepted for the note in suit, and in full payment thereof: 3rdly, payment in the course of settlement of James Peck's estate, averring, that James Peck died on the 20th of October, 1832 ; that Alexander Hall and Sally Peck, widow of the deceased, were appointed executors…
1Opinion of the CourtHuntington, J.
On the trial of this cause at the circuit, the plaintiff on the record was offered as a witness, by the de-endant, in support of the defence; and notwithstanding the objection of the assignee of the note for whose benefit the suit is prosecuted, he was admitted. The opinion of the judge on this point, is supposed to be erroneous; and the motion for a new trial, presents it, to this court, for revision.
It is insisted, that he is an incompetent witness, because he is plaintiff on the record. This objection has been often pressed upon courts of law, both in Great-Britain and the United States,…
2Cases cited17 opinions
- Comstock v. Hadlyme Ecclesiastical SocietySupreme Court of Connecticut · 1830
- Smith v. SherwoodSupreme Court of Connecticut · 1822
- Banks v. JudahSupreme Court of Connecticut · 1830
- Cowles v. WhitmanSupreme Court of Connecticut · 1834
- Dean v. MasonSupreme Court of Connecticut · 1822
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3Cited by21 opinions
- City National Bank v. City of BridgeportSupreme Court of Connecticut · 1929
- Paine v. TildenSupreme Court of Vermont · 1848
- Hall v. PiersonSupreme Court of Connecticut · 1893
- De Merle v. MathewsCalifornia Supreme Court · 1864
- Selleck v. Sugar Hollow Turnpike Co.Supreme Court of Connecticut · 1840
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