Washington Bank v. Palmer

Mason, J., (after advising with Duer and Campbell, J. J.)

The plaintiffs have examined under a commission issued in this cause, their president, cashier and notary. On their cross-examination, they each of them stated that they were stockholders in the bank. A motion is now made for a new commission to re-examine the same witnesses, upon the idea that they were *687incompetent by reason of interest, and that the objection upon that ground has been removed.

The 398th section of the code declares that no person offered as a witness shall be excluded by reason of his interest in the event of the…