Atwood v. Welton
Supreme Court of Connecticut
This was an action qui tarn, for taking usuiy, brought on the statute, to recover the value of the money alleged to have been loaned by the defendant, to one Hezekiah Scott, on a corrupt and usurious agreement The cause was tried, on the general issue, at Litchfield, February term, 1828, before Peters, J. On the trial, Hezekiah Scott, named in the declaration as the borrower of the money, was offered as a witness by the plaintiff, to prove the alleged usury.
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This was an action qui tarn, for taking usuiy, brought on the statute, to recover the value of the money alleged to have been loaned by the defendant, to one Hezekiah Scott, on a corrupt and usurious agreement The cause was tried, on the general issue, at Litchfield, February term, 1828, before Peters, J. On the trial, Hezekiah Scott, named in the declaration as the borrower of the money, was offered as a witness by the plaintiff, to prove the alleged usury. An objection was made to his testimony, on the ground that he was not a believer in divine revelation. This objection was overruled. It…
1Opinion of the CourtDaggett, J.
It is very clear, that a witness, on his cross-examination, may be questioned as to his being in a controversy with the party against whom he testifies, and w hether he has not threatened to be revenged on him. If he should answer affirmatively, it would show a bias on his mind, which ought to be weighed by the jury, in considering his testimony. To such a witness as full belief will not be readily yielded as to one who feels no such hostility. If the witness should answer in the negative, it is equally clear, he may be contradicted by other proof. A witness may always be asked any question…
2Cases cited3 opinions
- Tucker v. WelshMassachusetts Supreme Judicial Court · 1821
- Hunscom v. HunscomMassachusetts Supreme Judicial Court · 1818
- Curtiss v. StrongSupreme Court of Connecticut · 1809
3Cited by39 opinions
- State v. JamesSupreme Court of Connecticut · 1989
- Schultz v. . Third Avenue Railroad CompanyNew York Court of Appeals · 1882
- State v. LuzziSupreme Court of Connecticut · 1959
- Brock v. MilliganOhio Supreme Court · 1840
- State v. BaconOregon Supreme Court · 1886
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