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Payne v. Payne

Supreme Court of Connecticut

Decided January 15, 1792

Supreme Court of Connecticut · decided 1792-01-15

<p>A defendant cannot introduce himself a witness on a bill filed upon the statute, against a note.</p> <p>A defendant may withdraw his bill, and plead the statute.</p>

Decided 1792-01-15

By the Court.

¶1This cannot be allowed; for according to the rules of chancery, a man cannot introduce himself to be a witness in his own favor. The plaintiff in his answer to the bill, might appeal to the defendant’s conscience and so have him introduced. See Livingston v. Bird, Litchfield August 1791.

¶2The defendant then moved for liberty to withdraw his bill and plead the statute in avoidance of the whole note; which was allowed by the court.

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