Bulkley v. Richards

Decided January 15, 1787

Connecticut Superior Court · decided 1787-01-15

ActioN of trover, for 193 barrels of tar, and ten barrels of pitch. The defendant, being constable of New London, took the property in question, as the estate of William Prince, by attachment, at the suits of Jedidiah Leeds, Job Taber, & Co. and also, by execution, in favor of Edward Hallman, & Co. The defendant acted by order of the creditors.

Decided 1787-01-15

By the Court.

¶1The whole of Prince’s creditors, who directed the officer to levy on those articles, are answerable, if the property appears not to have been in Prince at that time; and afterwards to relinquish the claim, and restore the things taken, does not purge the wrong.— The witness is consequently inadmissible.

¶2The chief justice was inclined to admit the witness, on the ground that his interest in the event was so minute, that it could not be supposed to influence his testimony.