Fitch v. Boardman
Supreme Court of Connecticut
This was an action on the case, for an unlawful interference, by the defendants, in the collection of a note not negotiable, made by Peter Avery, payable to the defendants, and by them assigned, for a valuable consideration, to the plaintiff.
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This was an action on the case, for an unlawful interference, by the defendants, in the collection of a note not negotiable, made by Peter Avery, payable to the defendants, and by them assigned, for a valuable consideration, to the plaintiff. The declaration averred, that the plaintiff having, as owner, the right and authority to sue and collect said note, in the name of the defendants, for his own benefit, without any interference of the defendants, commenced a suit on said note, in their name, against said Avery, by a writ legally served and returned to the county court, from which, by…
1Opinion of the CourtHuntington, J.
The principles which govern courts in the decision of questions respecting the competency of witnesses on account of interest, are now well established, and in general, are of easy application. If the witness will not gain or lose, by the event of the cause in which it is proposed to examine *347him, or if the verdict or judgment cannot be given in evidence for or against him in another suit, the objection does not go to his competency, although his situation in respect to the party by whom he is called, or the subject matter of the suit, may affect his credit. It may be th re are some technical…
2Cases cited2 opinions
- Bulkley v. LandonSupreme Court of Connecticut · 1819
- Smith v. DownsSupreme Court of Connecticut · 1827