United States v. Moxley
U.S. Circuit Court for the District of District of Columbia
Indictment for taking usury from William Calder. The Attorney of the United States, offered William Calder as a witness. objected that he was interested. First, because he is the informer, and entitled to half the penalty, under the Maryland law of September, 1704, c. 69, § 3; and secondly, because he is offered to invalidate his own contract.
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Indictment for taking usury from William Calder. The Attorney of the United States, offered William Calder as a witness. objected that he was interested. First, because he is the informer, and entitled to half the penalty, under the Maryland law of September, 1704, c. 69, § 3; and secondly, because he is offered to invalidate his own contract. If he has paid the money he may recover it back; if he has not paid it he is interested to set aside the contract. 1 M’Nally, 105; The King v. Whiting, 1 Salk. 283: S. C. 1 Ld. Raym. 396.
1Opinion of the Court
The Court (Fitzhugh, J., absent,)
was of opinion that the witness was competent; having declared upon the voir dire, that he was not interested ; and had paid the money, and it being admitted that he was not a voluntary informer.
2Cited by1 opinion
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