Shepard v. Ward

Decided January 15, 1832

New York Supreme Court · decided 1832-01-15

This was an action of assumpsit for work done under a special contract, tried at the Oswego circuit in June, 1830, before the Hon. Nathan Williams, one of the circuit judges. It was proved that Henry Ward, one of the defendants, had died since the commencement of the suit. Lindsley Ward, a son of Henry Ward, was sworn and examined as a witness on the part of the surviving defendant, although objected to by the plaintiff as incompetent on the ground of interest.

Good law ✅— No negative treatment on recordhow we know

Decided 1832-01-15

How this case has been cited

Cited by 3 later decisions — most recently July 1856

2 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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¶1The Court decided, the Chief Justice delivering the opinion, that Lindsley Ward was not a competent witness. On the death of his father, he became a party in interest, and interested in defeating a recovery; and although the death of his father was not suggested on the record, the fact being proved, the incompetency of the witness was established. The court were also of opinion that the partnership between the plaintiff and his son being shewn, the receipt of the son was admissible in evidence, had it been proved by competent testimony; but not having been so proved, it should not have been received. For these causes the nonsuit was set aside, and a new trial granted.

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