Barker v. Green
Supreme Court of Connecticut
This was an action of replevin, to obtain the restoration of a parcel of leather, which had been attached, by the defendant, as the property of Dorrance & Graves, to secure the payment of a debt due to him from Graves.
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This was an action of replevin, to obtain the restoration of a parcel of leather, which had been attached, by the defendant, as the property of Dorrance & Graves, to secure the payment of a debt due to him from Graves. The cause was tried at Brooklyn, January term, 1838, before Church, J. On the trial, the plaintiffs claimed, that the leather in question was their own property, and that they had delivered it to Dorrance & Graves, to be by them manufactured into shoes for the plaintiffs. The defendant claimed, that the property had been sold, by the plaintiffs, to Dorrance & Graves, and had…
1Opinion of the CourtBissell, J.
The only question submitted for our decision, is, whether the judge on the circuit did right in admitting the witness. That he had adirect and certain interest in the event of the suit, and that his testimony went to sustain that interest, is too clear to admit of controversy. The effect of his evidence was, to provide a fund for the payment of his own debt. Indeed, this point was not much contested in the argument. But it was insisted, that if the defence was made out, the witness would be liable to the plaintiffs, and so his interest was exactly balanced.
There is not enough, as it seems to…
2Cases cited1 opinion
- Owen v. MannSupreme Court of Connecticut · 1807