The Neptune
District Court, S.D. New York
This was a cause of collision. It came before the court upon the following pleadings: The libel and complaint of Zebulon Paine, owner of one-half part of the schooner Iola and owner of part of her cargo; Sarah Sherwood, owner of the other half part of the schooner; John Buchanan and Andrew Bradford, owners of part of the cargo; Joseph Sumner, master of the said schooner; James McCollin, mate; Ambrose Venelan, James Wooster, seamen; Henry CofE, cook; and Augustus Norten, a…
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This was a cause of collision. It came before the court upon the following pleadings: The libel and complaint of Zebulon Paine, owner of one-half part of the schooner Iola and owner of part of her cargo; Sarah Sherwood, owner of the other half part of the schooner; John Buchanan and Andrew Bradford, owners of part of the cargo; Joseph Sumner, master of the said schooner; James McCollin, mate; Ambrose Venelan, James Wooster, seamen; Henry CofE, cook; and Augustus Norten, a passenger on board of said schooner, allege that the said schooner Iola, on or about the 7th daj- of July, 1846, left the…
1Opinion of the Court
BETTS, District Judge.
The rule in equity established in the courts of this state does not disqualify a party named on the record from being a witness in the cause, if he has no certain interest in the event. 1 Johns. 556; 2 Cow. 186-189; 1 Johns. Ch. 550; 6 Johns. Ch. 212. Some of the judges in those cases were indisposed to consider a mere contingent liability to costs as amounting to a disqualifying interest; but the present chancellor seems to hold a party incompetent for that cause. 6 Paige, 565. At law the rule is clearly so, and the parties to the record, who are merely nominal, or who…
2Cases cited11 opinions
- Supervisors of Chenango v. BirdsallNew York Supreme Court · 1830
- M'Donald v. NeilsonCourt for the Trial of Impeachments and Correction of Errors · 1823
- Bebee v. President, Directors & Co.New York Supreme Court · 1806
- Frear v. EvertsonNew York Supreme Court · 1822
- Jackson ex dem. Goodrich v. OgdenNew York Supreme Court · 1809
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