Frear v. Evertson
New York Supreme Court
THIS was an action of assumpsit, tried at the Dutchess Circuit, in April, 1821. The declaration contained the common counts for goods sold and delivered, money paid, &c. Plea, non-assumpsit, with notice of a set-off, and of special matter to be given in evidence at the trial. At the trial, the plaintiff proved his demand against the defendant, for goods sold and delivered to the defendant, amounting to 350 dollars and 99 cents.
Read the full summary
THIS was an action of assumpsit, tried at the Dutchess Circuit, in April, 1821. The declaration contained the common counts for goods sold and delivered, money paid, &c. Plea, non-assumpsit, with notice of a set-off, and of special matter to be given in evidence at the trial. At the trial, the plaintiff proved his demand against the defendant, for goods sold and delivered to the defendant, amounting to 350 dollars and 99 cents. The defendant offered to set off his demand against the plaintiff, pursuant to the notice annexed to his plea, and produced a bill, of the particulars, a copy of which…
1Per curiam
The questions in this case are, 1. Whether the admissions of the plaintiff, after he had assigned his interest to another, could be given in evidence for the defendant, who had notice of the assignment? 2. Whether the plaintiff could be a witness for the defendant, when objected to by the plaintiff’s counsel, after proving the assignment and notice ?
The Judge, at the trial, excluded the evidence, and rejected the witness; and we see no ground to doubt the correctness of his decision. Having assigned his interest in the chose in action, Frear could not impair that interest by any confessions…
2Cited by18 opinions
- Knox v. McFarranSupreme Court of Colorado · 1879
- Burt v. McKinstrySupreme Court of Minnesota · 1860
- Pack v. . the Mayor, C. of New-YorkNew York Court of Appeals · 1850
- Chisholm ex rel. Bigelow & Co. v. NewtonSupreme Court of Alabama · 1840
- Halloran v. WhitcombSupreme Court of Vermont · 1871
13 more not listed; retrieve them via the Exa API.