Smith v. Downs
Supreme Court of Connecticut
This was an action of assumpsit, brought by Downs against Smith, for the price of a pair of oxen. On the trial of the cause, in the county court, of the general issue, the defendant offered Nathaniel B. Smith as a witness, to testify, that the cattle mentioned in the de aration had been paid for, by the defendant ; it being agred by the parties, that such payment, if made, should be a ence under the general issue.
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This was an action of assumpsit, brought by Downs against Smith, for the price of a pair of oxen. On the trial of the cause, in the county court, of the general issue, the defendant offered Nathaniel B. Smith as a witness, to testify, that the cattle mentioned in the de aration had been paid for, by the defendant ; it being agred by the parties, that such payment, if made, should be a ence under the general issue. The plaintiff enquired of the witness, whether he did not consider himself under anonourary obligation to pay the judgment, or some part of it, if the Plaintiff should recover one…
1Opinion of the Court
Hosmer, Ch. J.
Whether an honourary obligation is an objection to the competency of a witness, is the question to be decided.
It is a rule uniformly established, that an interested witness is incompetent to give testimony: but what the criterion is, by which such interest shall be tested, has been the subject of no little controversy. The former cases on this point are irre-concileable, and were decided on very narrow grounds; and until the determination of Bent v. Baker, 3 Term Rep. 27., as *368late as the year 1789, it was generally held, in Westminster. Hall, that an interest in the question put…
2Cases cited5 opinions
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- Lessee of Henry v. MorganSupreme Court of Pennsylvania · 1810
- Long v. BailieSupreme Court of Pennsylvania · 1818
- Plumb v. WhitingMassachusetts Supreme Judicial Court · 1808
- Phelps v. WinchelSupreme Court of Connecticut · 1804
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- Frink v. McClungIllinois Supreme Court · 1847