Reports of cases adjudged and determined in the Supreme Court of Judicature and Court for the Trial of Impeachments and Correction of Errors of the ... notes and references, table of citations &c

This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1883 Excerpt: ...caution the jury against finding a verdict for the plaintiff. But if we examine the evidence in this case, we shall find some ground to regard this as a verdict against evidence. Only one witness was produced on the part of the plaintiff, and he was the clerk of the plaintiff, and sold the foods on credit, in the absence of his master, 'he defendant is proved to be a person of a fair and honorable character, and this ought to have some weight against the testimony of a witness who may be biased. The defendant said what he, no doubt, believed to be true; and he explicitly stated the grounds of his belief, as derived from the information of persons in Vermont, where Brown had formerly lived; thereby giving the plaintiff an opportunity to satisfy himself of the truth from the same source. All the witnesses coincide in declaring Brown, until the time of his departure, to have been a person of good character, and one whom they would have trusted. Not a single person in Albany expressed any doubt or distrust of him, except the clerk of the plaintiff, who made the inquiry, as Brown was a stranger to him. No attempt was made to prove, nor was it pretended there was any collusion between the defendant and 279 Brown. Some stress has been and may be again laid on the circumstance that the defendant did not mention to the clerk of the plaintiff, at the time he made the inquiry concerning Brown, that he had a bond and warrant of attorney against him. But the warrant I of attorney was taken when Brown was a I stranger to the defendant, and was not enforced until after Brown absconded. It was no lien or incumbrance, and the defendant was not bound to disclose it. The refusal of the defendant to give his note to the plaintiff for the goods, cannot be urged against him; for...