Pettingal v. Brown

New York Supreme Court

Pettingal v. Brown

1 Cai. Cas. 168

DecidedAugust 15, 1803

StatusPublished

This text of 1 Cai. Cas. 168 (Pettingal v. Brown) 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

Pettingal v. Brown, 1 Cai. Cas. 168 (N.Y. Super. Ct. 1803).

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Opinion

Per Curiam.

We are unanimous that the judgment of [231]*231the court below be reversed. This case does not come within any of those cited in favor of the defendant. The paper here is not only satisfied but destroyed. The action is not to annul the security, or take away a fair consideration from the defendant. There is no question of interest. For that, to render a witness incompetent, it has before been settled, that the interest must be in the event of the suit. By this determination neither public policy, nor the interest of the witness, can be affected ; he, therefore, was fully competent.

Judgment reversed.

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Per Curiam.

We are unanimous that the judgment of [231]*231the court below be reversed. This case does not come within any of those cited in favor of the defendant. The paper here is not only satisfied but destroyed. The action is not to annul the security, or take away a fair consideration from the defendant. There is no question of interest. For that, to render a witness incompetent, it has before been settled, that the interest must be in the event of the suit. By this determination neither public policy, nor the interest of the witness, can be affected ; he, therefore, was fully competent.

Judgment reversed.

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Bluebook (online)

1 Cai. Cas. 168, Counsel Stack Legal Research, https://law.counselstack.com/opinion/pettingal-v-brown-nysupct-1803.