Open main menu

Page:United States Reports, Volume 2.djvu/56

This page needs to be proofread.


U go Casas ruled and adjudged in the 1 o. to the ohli , in order to vent his paying the moneyto the JL; perfon, whE>°iias thus parteiirjvith his interelt. But there isno politive law that requires a Brit aflignee to notify a fubfequent { one; and the cafe is not within the general principle of the { rule thathas been cited. _ ? The {ble object of conlideration, therefore, is, whether the i rnone .ariling from the oommiilions, wasadvanced by IV`¤II£ug ‘ U Jlorrir to G. Iuglir, on the faith of his promife, and the cre-

ditof the legacy? That fact it is the province of the jury

to afcertain and decide: If the ailirmative prevails in their minds, the verdifl ought to be for the defendhntsg but if they entertain a contrary opinion, the nominal plaintilis are = entitled to recover.

 Verdiét for the P|ainti£"

E i Imzrs ve:-_/lu Mins:. f/errufed ° "Swj?'2 ` EPLEVIN.—The Defendant offered Franei: Bailey, as a il- /75* witnefs; who being [worn on his wir dire, faid “ that . e was a jud ment creditor of the de£endant’s; that he expefl-

cd, if the deigndant recovered, to be paid, at leall a part of his

debt;and that hedid not know that the defendant had an other property than what was involved in the Replevin, to fatisgy him; _' ut, on the contrary, he believed that his pa ment depen ed on ’ the defendant’s rccovery.” Itappeared, lizewife, that Bailey E zawas the attorney in fa& of the d endant, and in that chandler ° ' was aéiive in profecuting this, and other fuits. ·-R- { 79. The admillion of the witnefs was o fed b Bradfird, Todd, and Levy, who cited r Dall. p. 62, x£°}’eaugZ ·¤. Good:. And fupported h Serjeant, who cited Abram: ra. Baumer. Br Tue éouxrr:—The law on this fubjeét has been fully fettled in the modern cafes, by an accurate difcrimination between the competency and the credibility of witnelfes. The {lream of julkice fhould, however, be prefervcd clear and un- contaminated: and although a creditor is not excluded from giving teliimon , as fuch; yet if he acknowledges an ex- peélarion, that he {hall be bettered by the fate of the caufe, (as in the cafe of .M•VeuugI.• ·u. Goodr, which was properly ruled) he is fenlible of a politivc intereft, that mult give a biafs to his mind. From the anfwers of the witnefs, there- fore, we mult reje& his teflimony. M·C:.rruc1-mr

  • ’l`lnere was a motion made for la new trial; but on the a6tlt

of Augull rygo it was withdrawn, and judgment entered conform- bly to the verdiél. ‘