Toler v. White
District Court, D. Maine
This action was brought by the United States, in the name of [Hopeful Toler] their consul at Ponce, in Porto Rico, to recover a penalty of $500, of the defendant [John White], master of the brig Cadmus, of Ken-nebunk-port, for not depositing his register with the said consul, on’ his arrival at Ponce, agreeably to the requirement of the statute of February 2S, 1803, § 2. It appeared by the evidence that Capt.
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This action was brought by the United States, in the name of [Hopeful Toler] their consul at Ponce, in Porto Rico, to recover a penalty of $500, of the defendant [John White], master of the brig Cadmus, of Ken-nebunk-port, for not depositing his register with the said consul, on’ his arrival at Ponce, agreeably to the requirement of the statute of February 2S, 1803, § 2. It appeared by the evidence that Capt. White arrived at Ponce, in Porto Rico, in the brig Cadmus, the first of March, 1834, between the hours of six and seven o’clock in the morning, and came to anchor; that he went on shore…
1Opinion of the Court
WARE, District Judge.
2 [The admission of the consul’s certificate as evidence is objected to in the first place because he is a *4.party in the case. The general rule is that a person whose name appears as a party on the record cannot be heard as a witness to support his own cause. The reason is that he is directly interested in the event of the suit, either from having an immediate interest in the matter in controversy, and therefore obtaining a certain benefit or loss, as the decision may be either in his favor or against him, or from his liability to cost in the event of an adverse decision.…
2Cited by1 opinion
- Davidson v. United StatesCourt of Appeals for the Third Circuit · 1923