Beals v. Guernsey
New York Supreme Court
THIS was an action of trespass, brought to recover ° the value of 73 barrels of' whiskey* The .cause was triedy y , the Ontario circuit, before Mr. Justice Tates, on the 27th June, 1811. A witness testified, that on the 18th July, 1807, he so^ t0 Moses Johnson 95 barrels of -whiskey, at 56 cents .per gallon, which was endorsed on a bond given by the to M. Johnson, payable in -whiskey.
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THIS was an action of trespass, brought to recover ° the value of 73 barrels of' whiskey* The .cause was triedy y , the Ontario circuit, before Mr. Justice Tates, on the 27th June, 1811. A witness testified, that on the 18th July, 1807, he so^ t0 Moses Johnson 95 barrels of -whiskey, at 56 cents .per gallon, which was endorsed on a bond given by the to M. Johnson, payable in -whiskey. Seventy-three barrels of the whiskey were put in the store of Ezekiel Taylor, in the village of Canaclaquai. Johnson *en a prisoner, within the liberties of’the prison, 'lav‘mg been surrendered by his bail, and…
1Per curiam
The two principal points, in this case, are, 1. Whether the sale of the whiskey to the plaintiff, was, under the circumstances of the case, fraudulent; and, 2. Whether the testimony of what was sworn by Tiffany, upon the former trial, was admissible.
*451The better opinion seems to be, that if the testimony of what a witness swore at á former trial, be unaccompanied. with the postea or record of the former suit, and that be made an objection, at the time, to the admission of such testimony, the objection is good. It was so ■ ruled in 2 Show. 168. Anon.; and other cases admit the existence of the…
2Cited by35 opinions
- Richmond v. Dubuque & Sioux City R. R.Supreme Court of Iowa · 1871
- Wilson v. . City of TroyNew York Court of Appeals · 1892
- Pittsburgh, Fort Wayne & Chicago Railway Co. v. SwinneyIndiana Supreme Court · 1884
- People v. . ElliottNew York Court of Appeals · 1902
- Bissell v. HopkinsNew York Supreme Court · 1824
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