Filed: Mar. 10, 1812
Latest Update: Feb. 21, 2020
Summary: 11 U.S. 206 (1812) 7 Cranch 206 RIDDLE v. MOSS. Supreme Court of United States. March 6, 1812. March 10, 1812. Present ... . All the Judges. E.I. LEE and JONES, for the Plaintiff in error. C. LEE, contra. All the Judges being present. *207 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 was therefore an incompetent witness. *208 It was a consideration of some importance that he had given Moss a d
Summary: 11 U.S. 206 (1812) 7 Cranch 206 RIDDLE v. MOSS. Supreme Court of United States. March 6, 1812. March 10, 1812. Present ... . All the Judges. E.I. LEE and JONES, for the Plaintiff in error. C. LEE, contra. All the Judges being present. *207 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 was therefore an incompetent witness. *208 It was a consideration of some importance that he had given Moss a de..
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11 U.S. 206 (1812)
7 Cranch 206
RIDDLE
v.
MOSS.
Supreme Court of United States.
March 6, 1812.
March 10, 1812.
Present ... . All the Judges.
E.I. LEE and JONES, for the Plaintiff in error.
C. LEE, contra.
All the Judges being present.
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 was therefore an incompetent witness. It was a consideration of some importance that he had given Moss a 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.
NOTES
[*] The same point was also decided in the case of the Governor of Virginia v. Evans and others, at this term; which was the case of a bond with collateral condition. It was a joint action; and all the Defendants were taken, but pleaded separately.
