Oakley v. Aspinwall
The Superior Court of New York City
This was an action of debt on a bond executed by the defendants to the plaintiff, in the penalty of $44,985 78, dated January 10,1838. The bond recited that one of the defendants, as agent of John W. Baker, had applied to discharge a warrant of attachment, by virtue of which the sheriff of New York had attached the property of John W. Baker and John Young, at the instance of the plaintiff; and its condition was, that the obligors should pay to the attaching creditor the…
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This was an action of debt on a bond executed by the defendants to the plaintiff, in the penalty of $44,985 78, dated January 10,1838. The bond recited that one of the defendants, as agent of John W. Baker, had applied to discharge a warrant of attachment, by virtue of which the sheriff of New York had attached the property of John W. Baker and John Young, at the instance of the plaintiff; and its condition was, that the obligors should pay to the attaching creditor the amount justly due and owing by Baker and Young to him, on account of the debt claimed and sworn to by the plaintiff, with…
1Opinion of the Court
Sandford, J.,
in respect of these two instruments of evidence, ruled as follows ; 1. In reference to the competency of John Young as a witness. The plaintiff claims that he has already established by evidence in Baker’s possession, which would be conclusive against Young, that if there were a partnership between them in 1828 and 1829, it was one by which Baker was to receive half the profits, and was entitled to a return of his whole capital advanced, without any diminution, however disastrous the business may have proved.
If the question were open, I should say, as Bronson, J., did in Pierce…
2Cases cited9 opinions
- Marquand v. WebbNew York Supreme Court · 1819
- Mervin & Goldsmith v. KumbelNew York Supreme Court · 1840
- In re HurdNew York Supreme Court · 1833
- Carman v. TownsendCourt for the Trial of Impeachments and Correction of Errors · 1830
- Whitney & Bancroft v. Sterling & HunterNew York Supreme Court · 1817
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3Cited by5 opinions
- Leggett v. . HydeNew York Court of Appeals · 1874
- Clark v. DalesNew York Supreme Court · 1855
- Greenwood v. BrinkNew York Supreme Court · 1874
- Leggett v. HydeNew York Court of Appeals · 1874
- Macauley v. PalmerNew York Supreme Court · 1888