Reports of Cases Argued and Ruled at Nisi Prius, in the Courts of King's Bench and Common Please Volume 3-4 by Great Britain Court of Bench
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. 1808 Excerpt: ...can shew that goods were famished to the ship bv his direction, and on his credit and account, I shall hold his lien on the freight to extend so far; and, of course, that the payment to that extent, made by the Defendants, has been made m their own wrong.(l) The Plaintiff proceeded to give this evidence; and called a witness of the name of White, who had furnished goods on the ship's' account, to prove the furnishing of the goods; and that he had given credit to the Plaintiff, and not to the owners, for the amount of them., ., .. Gibbs, for the Defendant, objected, That he was an' inadmissible witness, on the ground that he was interested in establishing the demand against the captain, inasmuch as the object of the present action Was to give the Plaintiff a right to recover against the present Defendants, by reason of the Plaintiff's liability to the witness; if he, by his testimony, did enable the Plaintiff to obtain a verdict, He thereby created a fund for the payment Of his own debt. totord Kenton over-ruled the. objection. He said, It was the .""-easfcpf every.cfedtjor who was.called ala'witness for his debtor. TWde/bfeyjwasKby the effect of a verdict in his favour, better able topsyhisdehts; butitwasnotan interest that went to the competence, of a wjtness, whatever it. might do to his credit. VetdicfelbpitheJPlamtiff. '-, .. r. 'Tb&rfttQl-ney Generql and Harrison for the Plaintiff. ibbsi Stephens? and Lowes for the Defendant..: A: rulefor anew trial was moved for and obtained in this case, on the grojund of a mistake in the Judge in point of law; but the eause, was afterwards settled, so that no determination of the Court of King? Bench, was had on it, 25 " Smith vv-SurrMge. Though 2 HIS was an action on a policy of insurance ...
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