M'Kay v. Marine Insurance Co.

New York Supreme Court

M'Kay v. Marine Insurance Co.

2 Cai. Cas. 384, 1 Cole. & Cai. Cas. 427

DecidedFebruary 15, 1805

StatusPublished

This text of 2 Cai. Cas. 384 (M'Kay v. Marine Insurance Co.) is published on Counsel Stack Legal Research, covering New York Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

M'Kay v. Marine Insurance Co., 2 Cai. Cas. 384, 1 Cole. & Cai. Cas. 427 (N.Y. Super. Ct. 1805).

Pincite

Opinion

Per Guriam.

Tbe decision at tbe circuit was right. Whenever a party has bad an opportunity to examine a transient witness, and has suffered it to pass by, the want of bis testimony is no objection to going to trial. In Post v. Wright and Buchan, (1 Caines’ Rep. 111,) tbe absence of counsel was urged as an excuse, but tbe court refused to admit it, and we think all excuses of that sort ought to be discountenanced.

Motion denied.

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Per Guriam.

Tbe decision at tbe circuit was right. Whenever a party has bad an opportunity to examine a transient witness, and has suffered it to pass by, the want of bis testimony is no objection to going to trial. In Post v. Wright and Buchan, (1 Caines’ Rep. 111,) tbe absence of counsel was urged as an excuse, but tbe court refused to admit it, and we think all excuses of that sort ought to be discountenanced.

Motion denied.

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Bluebook (online)

2 Cai. Cas. 384, 1 Cole. & Cai. Cas. 427, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mkay-v-marine-insurance-co-nysupct-1805.