Curtiss v. Moore

Decided June 1, 1885

The Superior Court of New York City · decided 1885-06-01

Plaintiff was the holder of a promissory note made by the defendant to the order of one Clifford W. Clarke, and by said Clarke indorsed and delivered to the plaintiff. Clarke died before the trial took place. On the trial the defendant, who had been called as a witness in his own behalf, was asked by his counsel two questions, which tended to show that the note in suit was given by the defendant to said Clarke, to take up a note on which defendant was bound.

Relies on Alexander v. . Dutcher

Decided 1885-06-01

¶1The Court at General Term (after stating the facts as above), said:—“It was not error to exclude this testimony (§ 829, Code; Alexander v. Dutcher, 70 N. Y. 385 ; Church v. Howard, 79 Ib. 415). . .The defendant offered in evidence the note which he claimed was the note to take up which the note in suit had been given. This was excluded as immaterial, and the defendant excepted. As their evidence then stood and now stands, this note had no bearing on the case. It was not error to exclude it.”

¶2Opinion by Truax, J.; Sedgwick, Ch. J., and Freedman, J., concurred.

¶3Judgment and order affirmed, with costs.