Winthrop v. Meyer

New York Court of Common Pleas

Winthrop v. Meyer

1 Abb. Pr. 383, 4 E.D. Smith 177

DecidedMarch 15, 1855

StatusPublished

This text of 1 Abb. Pr. 383 (Winthrop v. Meyer) is published on Counsel Stack Legal Research, covering New York Court of Common Pleas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Winthrop v. Meyer, 1 Abb. Pr. 383, 4 E.D. Smith 177 (N.Y. Super. Ct. 1855).

Pincite

Opinion

Daly, J.

The fact that the assignor had covenanted that the amount of the claim was due, and that he might become liable upon his covenant, in the event of the plaintiff’s failure to recover, did not render him the party for whose benefit the suit was brought. He had an interest in the result, which, might affect his credibility, but which did not disqualify him. from being a witness.

Upon the evidence, the judgment cannot be disturbed.

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Daly, J.

The fact that the assignor had covenanted that the amount of the claim was due, and that he might become liable upon his covenant, in the event of the plaintiff’s failure to recover, did not render him the party for whose benefit the suit was brought. He had an interest in the result, which, might affect his credibility, but which did not disqualify him. from being a witness.

Upon the evidence, the judgment cannot be disturbed.

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Bluebook (online)

1 Abb. Pr. 383, 4 E.D. Smith 177, Counsel Stack Legal Research, https://law.counselstack.com/opinion/winthrop-v-meyer-nyctcompl-1855.