Gage v. Stewart
New York Supreme Court
IN error, on certiorari. Stewart sued Gage in the court below, in trespass, for taking out of his waggon a barrel, containing; 10 gallons of whiskey. Upon the trial, Stewart offered one Andrews as a witness, the defendant objected to his competency, inasmuch as he was the owner of the whiskey, and had sent Stewart to bring it.
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IN error, on certiorari. Stewart sued Gage in the court below, in trespass, for taking out of his waggon a barrel, containing; 10 gallons of whiskey. Upon the trial, Stewart offered one Andrews as a witness, the defendant objected to his competency, inasmuch as he was the owner of the whiskey, and had sent Stewart to bring it. The fact was admitted, and the justice ruled that the witness should not give evidence to the jury as to the whiskey, but confine himself to the barrel. The plaintiff claimed 1 dollar for the barrel, 8 dollars and 73 cents for the whiskey, and 3 dollars for the…
1Per curiam
The witness, Andrews, as owner of the v , was directly interested; and if a witness is interested in ever so small a part of the demand, he is inct. The least degree of interest will disqualify a witness. The plaintiff claimed the whiskey, as well as damages for the detention; and the verdict must have included the whiskey. To allow a witness to testify as to part of a demand, when he is interested in another part, is dangerous and cannot be allowed. The judgment must, therefore, be reversed.
Judgment reversed.
2Cited by4 opinions
- Holgate v. PalmerNew York Court of Chancery · 1840
- Knowles v. DowSuperior Court of New Hampshire · 1851
- Burroughs v. United StatesU.S. Circuit Court for New York · 1856
- Willcox v. SmithNew York Supreme Court · 1858