Buckingham v. Andrews

34 Barb. 434 | N.Y. Sup. Ct. | 1861

By the Court, Ingraham, J.

The plaintiff was not the representative of a deceased person, according to the laws of this state. He could not sue here in a representative capacity, and can only he regarded as the indorsee of the note.

The court therefore erred in excluding the witness.

Judgment reversed and new trial ordered; costs to abide the event.

Clerke, Gould and Ingraham, Justices.]