H. H. Mears Son v. Waples
Superior Court of Delaware
This was an action of replevin by H. H. Mears & Son, the plaintiffs, against Waples, the defendant, who was the master of the schooner, Paugussett, for a cargo of Indian corn on board of her, and which was lying in the river at Hew Castle bound with it from Philadelphia to Boston, when the writ was served upon him ; and in which the pleas were 1st, Non cepet in modo et forma. 2nd, Property in himself. 3rd, Property in the firm of M. Hunt & Co. in the City of Baltimore. 4th,…
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This was an action of replevin by H. H. Mears & Son, the plaintiffs, against Waples, the defendant, who was the master of the schooner, Paugussett, for a cargo of Indian corn on board of her, and which was lying in the river at Hew Castle bound with it from Philadelphia to Boston, when the writ was served upon him ; and in which the pleas were 1st, Non cepet in modo et forma. 2nd, Property in himself. 3rd, Property in the firm of M. Hunt & Co. in the City of Baltimore. 4th, Property in the firm of Thomas D. Quincey & Co. in the City of Boston, and 5th, Property in a stranger. The evidence was…
1Opinion of the Court
By the Court.
This presents the case of a similar interest, if not an equal and balanced interest, on both sides of the suit, with this difference as to the interest of the proposed witness in the result of it, that it preponderates on the side of the party objecting to his competency, his liability to the plaintiffs in the event of their failure to recover in the action, being for the amount of their draft on the late firm of which he was a member and accepted by it, for $11,908.65, and on the other hand his liability to Thomas D. Quincey & Co. in case the plaintiffs succeed in the action,…
2Cases cited16 opinions
- Eisenbach v. HatfieldWashington Supreme Court · 1891
- Saltus & Saltus v. EverettNew York Supreme Court · 1838
- Root v. FrenchNew York Supreme Court · 1835
- Gibson v. StevensSupreme Court of the United States · 1850
- Mowrey v. WalshNew York Supreme Court · 1828
11 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- United States v. WestDistrict Court, D. Delaware · 1969