Huntington v. Conkey
New York Supreme Court
THIS was an action upon a promissory note,' made by the defendant Eleazer Conkey and one Justus Yale, and indorsed by the defendant Joshua Conkey. The answer admitted the making and indorsing of the note, and set up the defense of usury. The action was tried at the Monroe circuit, January 13,1860, before Hon. E. Darwin Smith and a jury. After the jury had been impanneled, Mr. Martindale, for the plaintiff, rose to open the case to the jury.
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THIS was an action upon a promissory note,' made by the defendant Eleazer Conkey and one Justus Yale, and indorsed by the defendant Joshua Conkey. The answer admitted the making and indorsing of the note, and set up the defense of usury. The action was tried at the Monroe circuit, January 13,1860, before Hon. E. Darwin Smith and a jury. After the jury had been impanneled, Mr. Martindale, for the plaintiff, rose to open the case to the jury. To this the counsel for the defendants objected, on the ground that the defendants held the affirmative of the issues in the action, and that the burden…
1Opinion of the Court
*220 By the Court,
E. Darwin Smith, J.
The right to begin, and the right to reply, in trials at the circuit, is unquestionably of much practical consequence. The privilege of making the opening statement of the case to the jury, and of making the closing argument, upon the evidence, is an advantage not unappreciated, or inconsiderately sought and claimed, by the counsel for litigating parties in courts of justice. In many cases it is of the highest importance, and particularly so where the facts are complicated and there is contrariety in the evidence, or it is nicely balanced and slight…
2Cases cited1 opinion
- Benham v. RoweCalifornia Supreme Court · 1852
3Cited by18 opinions
- Elwell v. . ChamberlinNew York Court of Appeals · 1864
- Lake Ontario National Bank v. JudsonNew York Court of Appeals · 1890
- Sammons v. HawversWest Virginia Supreme Court · 1885
- Omaha & Republican Valley Railroad v. WalkerNebraska Supreme Court · 1885
- Parrish v. Sun Printing & Publishing Ass'nAppellate Division of the Supreme Court of the State of New York · 1896
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