Majority
p. 468Kempshall & Eggleston vs. Burns.
Headnote
Where, in an action upon a promissory note by one to whom it had been transfer, red, the payee was called to prove that it was given upon a usurious consideraion; held, that he was not bound to testify, though the note was made and ransferred prior to the act of May 15th, 1837.On error from the supreme court. For a report of the case in the court below, see 24 Wend. 360 to 363. The cause was argued here by
C. P, Kirkland, for the plaintiffs in error, and
W. Tracy, for the defendant in error.
delivered opinions in favor of affirming the judgment below.
The President, and Senators Bartlit, Bockee, Clark, Corning, Dickinson, Dixon, Hopkins, Johnson, Nicholas, Paige, Rhoades, Rdger, Scott, Varían and Varney con curred.
For reversal: Senators Hawkins, Hunt, Platt and Works.
Judgment affirmed.[1]
(a) (a) See S. P. Cloyes v. Thayer, ( 3 Hill, 564 .