Combs v. Bateman
New York Supreme Court
This action was commenced in a justice’s court upon a note for $20, payable in oats, to George Ehle or bearer, and transferred to the plaintiffs after due; the payee (Ehle) agreeing to put the note in judgment, or in default thereof to pay the plaintiffs $15. The defendant insisted that the suit should have been brought in the name of Ehle as the party in interest.
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This action was commenced in a justice’s court upon a note for $20, payable in oats, to George Ehle or bearer, and transferred to the plaintiffs after due; the payee (Ehle) agreeing to put the note in judgment, or in default thereof to pay the plaintiffs $15. The defendant insisted that the suit should have been brought in the name of Ehle as the party in interest. Ehle was improved as a witness for the defendant, and after examination and cross-examination was recalled to new matter by the plaintiffs, under objection by the defendant. It was proved that the note was given under the following…
1Opinion of the Court
By the Court, Allen, J.
Upon the evidence the plaintiffs were the proper parties to bring the action. They were the parties in interest and entitled to the- recovery. Ehle was a mere guarantor. {Code, § 111.) Neither was there any error in permitting the plaintiffs to re-examine Ehle after he had been improved as a witness by the defendant. He was clearly interested in the event of the action, and unless made competent by § 398 of the code could not have been called by the plaintiffs, in whose favor he was interested. But the defendant, by calling him as a witness, waived the objection, and…
2Cases cited5 opinions
- Whitbeck v. Van NessNew York Supreme Court · 1814
- Varick & Bacon v. JacksonCourt for the Trial of Impeachments and Correction of Errors · 1828
- Murray v. BethuneNew York Supreme Court · 1828
- Breed v. Cook & CadwellNew York Supreme Court · 1818
- Butler v. HaightNew York Supreme Court · 1832
3Cited by5 opinions
- Krohn v. BantzIndiana Supreme Court · 1879
- Weir v. HudnutIndiana Supreme Court · 1888
- R. & L. Co. v. MetzAppellate Division of the Supreme Court of the State of New York · 1916
- Guilford v. MulkinNew York Supreme Court · 1895
- Rosen v. GoldsteinNew York Marine Court · 1882