Fisher v. Willard
Massachusetts Supreme Judicial Court
Assumpsit against the defendant, as the drawer of an order on John Kimball to deliver to the bearer sixty-five dollars’ worth of best selected lowland cotton, at the market cash price, dated February 3d, 1814; with an averment of a request of payment on the next day, by the plaintiff, of Kimball, and of a refusal by him to pay, &c. There was another count, averring that Kimball had no funds of Willard, &c., and the usual money counts.
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Assumpsit against the defendant, as the drawer of an order on John Kimball to deliver to the bearer sixty-five dollars’ worth of best selected lowland cotton, at the market cash price, dated February 3d, 1814; with an averment of a request of payment on the next day, by the plaintiff, of Kimball, and of a refusal by him to pay, &c. There was another count, averring that Kimball had no funds of Willard, &c., and the usual money counts. Trial was bad upon the general issue, at the last April term in this county, before Putnam, J. The only evidence produced was the deposition of Joseph Richards,…
1Opinion of the Court
Curia.
The first question arises on the competency of *jRichards, the witness. It is objected, that he is liable to the plaintiff, in case this action should fail, and, therefore, is directly interested in the event of the suit. The facts disclosed in his testimony are to be considered as if they had come out on his examination upon the voir dire. No rule of evidence is better established than the sufficiency of the objection of interest to the competency of a witness. But the exception from the rule, that agents and factors are admitted, from the necessity of the thing, is as well known as…
2Cited by8 opinions
- Phillips v. BridgeMassachusetts Supreme Judicial Court · 1814
- Johnson v. AlexanderTexas Supreme Court · 1855
- Stewart v. ConnerSupreme Court of Alabama · 1848
- Conrad v. AbbottMassachusetts Supreme Judicial Court · 1882
- King v. CloudSupreme Court of Pennsylvania · 1848
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