Saunders v. Addis

<p>Tried before Mr. Justice Gantt, at Union, Spring Term, 1828.</p> <p>This was an action of trover to recover the value of certain furniture, of which the plaintiff’s intestate had died possessed, but which the defendant claimed as his own, and had converted to his own use. The conversion was proved, and the only question was as to the title. The defendant called a Mr. Taylor to prove, that the intestate, a short time previous to his death, being indebted to him, had authorised him to make sale of the furniture in question, in order to discharge the debt, and furnished him with a bill of sale for the purpose; and that he, Taylor, had accordingly sold the furniture to the defendant. This witness was objected to by the plaintiff, and the objection was sustained by his Honor, the presiding Judge, who held Taylor to be directly interested in the event of the suit. Other witnesses were examined on both sides; but their testimony left the question of title doubtful. The jury found for the plaintiff the value of the goods.</p> <p>The defendant now moved to set aside the verdict, and for a now trial, on the ground that Taylor was a competent witness, and had been improperly rejected.</p>