Riddle v. Moss
Supreme Court of the United States
ERROR to the Circuit Court for the district of Columbia. ' Thjs was an action of debt on a joint bond given by j0]m Welch as principal obligor and the Defendant Moss as his surety. The suit abated as to Welch by the return of the marshal, that he was no inhabitant of the district.
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ERROR to the Circuit Court for the district of Columbia. ' Thjs was an action of debt on a joint bond given by j0]m Welch as principal obligor and the Defendant Moss as his surety. The suit abated as to Welch by the return of the marshal, that he was no inhabitant of the district. The Defendant, Moss, pleaded specially certain facts in avoidance of the bond as to him alone; tip-on which issue was-joined $ and upon the, trial the Bcfendant, Moss, offered, as a -witness, the said John Welch the principal obligor who was permitted by the Court below to testify for- the Defendant, and upon his…
1Opinion of the Court
Marshall, Ch. J.
delivered the opinion of the Court 'to the following effect.
The Court is of, opinion that Welch, the co-obligor, Was interested, and Whs therefore ap incompetent wit-. ness. It was a consideration of some importance that he had given Moss <i deed of trust of his effects to indemnify him against this suit; but the principal circumstance was, that Welch’s liability would be increased, to • the, extent of the costs of this suit, if the judgment'should be against Moss. *
Judgment reversed„
*.The same point was .also decided in the case'.of the Governor of Virginia V.- Evans and…
2Cited by14 opinions
- Sheehy v. MandevilleSupreme Court of the United States · 1812
- Finnell v. CoxCourt of Appeals of Kentucky · 1860
- Franklin v. . KiddNew York Court of Appeals · 1916
- Gayle v. BishopSupreme Court of Alabama · 1848
- Austin v. FullerNew York Supreme Court · 1852
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