Wells v. Lane
New York Supreme Court
IN error, on certiorari, from a justice’s court. Lane sued Wells, before a justice, for two penalties, of twelve dollars and fifty cents each, under the 14th section the act concerning slaves and servants, (sess. 24. c. 188.) for harbouring his slave Betty, on the 4th and 5th • J of November, 1810. The defendant pleaded, that Betty, the daughter of the plaintiff, was a member of the societ7 °f Shakers, and is a member of the society in which tj,e defendant resides.
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IN error, on certiorari, from a justice’s court. Lane sued Wells, before a justice, for two penalties, of twelve dollars and fifty cents each, under the 14th section the act concerning slaves and servants, (sess. 24. c. 188.) for harbouring his slave Betty, on the 4th and 5th • J of November, 1810. The defendant pleaded, that Betty, the daughter of the plaintiff, was a member of the societ7 °f Shakers, and is a member of the society in which tj,e defendant resides. That she became a member of the society, by the consent and request of the plaintiff, and " by agreement between the plaintiff,…
1Per curiam
The rejection of the witnesses offered by the defendant below, to prove the truth of his plea, was erroneous. Though the members of the society of Shakers may be partners in interest, as to their concerns, as a religious community, that copartnership cannot extend to the case of a penalty forfeited by either of the members, for a violation of a penal statute; and the objection could only go to the credit, not to the competency, of the witnesses offered. On this ground, and Without examining further into the merits of the case, the judgment is erroneous, and must be reversed.
Judgment reversed.
2Cited by3 opinions
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