Wilson v. Kirkland

New York Supreme Court

Wilson v. Kirkland

5 Hill & Den. 182

DecidedMay 15, 1843

StatusPublished

This text of 5 Hill & Den. 182 (Wilson v. Kirkland) 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

Wilson v. Kirkland, 5 Hill & Den. 182 (N.Y. Super. Ct. 1843).

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Opinion

By the Court, Bronson, J.

The witness, without any previous knowledge on the subject, spoke from a comparison in court of the hand-writing to the letter and the note. He thought, on inspection, that the signature to both was the same. It must, I think, be regarded as a settled question in this state that such [183]*183evidence is not admissible. (Jackson v. Phillips, 9 Cow. 94; Tilford v. Knott, 2 John. Cas. 211; Jackson v. Van Dusen, 5 John. R. 155.) A different rule prevails in some of the states. (See the cases collected in Cowen & Hill’s Notes to Phill. Ev. 1326 to 1331.) But we have followed the English decisions.

Judgment reversed.

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By the Court, Bronson, J.

The witness, without any previous knowledge on the subject, spoke from a comparison in court of the hand-writing to the letter and the note. He thought, on inspection, that the signature to both was the same. It must, I think, be regarded as a settled question in this state that such [183]*183evidence is not admissible. (Jackson v. Phillips, 9 Cow. 94; Tilford v. Knott, 2 John. Cas. 211; Jackson v. Van Dusen, 5 John. R. 155.) A different rule prevails in some of the states. (See the cases collected in Cowen & Hill’s Notes to Phill. Ev. 1326 to 1331.) But we have followed the English decisions.

Judgment reversed.

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Bluebook (online)

5 Hill & Den. 182, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wilson-v-kirkland-nysupct-1843.