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17 S.C.L. 83

Harmon v. Arthur

Court of Appeals of North Carolina · decided 1828-05-15

Tried before Mr. Justice Gaillard, at Columbia, Spring Term, 1828. Held: that Morgan’s incompetency, as a common law-witness, was not removed by the release, nor by the assignment and proof of his insolvency; and the plaintiff being admitted under the act of 1777, and denying the usury on oath, Morgan’s testimony was altogether excluded.

Decided 1828-05-15

Nott, J.

¶1delivered the opinion of the Court.

¶2It does not appear upon what ground the witness in this case was rejected. If it was upon the ground, that he could not be permitted to invalidate an instrument which he had subscribed ; that doctrine has been so often considered, and so long exploded, both in this country, and in England, that it would be a waste of time to refer to the cases oh the subject. If it was upon the score of interest, I do not see where the interest lies. He was released by his principal,' so that there could be no recourse to *84him from that quarter. The result of this ease could not affect ^ 0f f,he witness to the plaintiff on the note. I am of opinion, therefore, that the objection went only to the credit of the witness, and not to his competency; and that a new trial , , , \ must be granted. ¶

¶3Motion granted.

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