Pierce v. Hindsdall

Decided February 15, 1801

Supreme Court of Vermont · decided 1801-02-15

THIS was an action of trover and conversion, in which the plaintiff declared, that the defendant had converted to his own use a certain bay mare, the property of the plaintiff.

Decided 1801-02-15

Per Curiam.

¶1The witness is inadmissible. He shall not be permitted to testify that he had no property in the chattel vended by him as his property. *155He is consequently interested in the event of this suit. Plaintiff had his remedy against the witness or the defendant at his election. A judgment in favour of the plaintiff in the present action might, by the witness, Howard Pierce, be pleaded in bar to a future action, which the present plaintiff might hereafter institute against him.

Jonathan Robinson, for plaintiff.Israel Smith and-- — —,' for defendant,

¶2Witness incompetent,