Patton v. Janney

Decided April 15, 1813

Witnesses may be removed while others are examined. One joint defendant, in an action of assumpsit, cannot confess judgment so as to enable him to testify in behalf of the other defendants. Information, received by an agent of the insured, of the loss of the property, before insurance effected, will not vacate the policy, unless that agent is the. agent who obtains the insurance, or gives the information to the person who obtains it. If several actions against several underwriters upon the same policy, are submitted to the same jury at the same time, and the jury find verdicts against some of them but wish to reconsider as to the others; those underwriters against whom the verdicts are found cannot be examined as witnesses for the others.

Decided 1813-04-15

¶1And of that opinion was

the Court, (ThRuston, J., absent.)

¶2The jury found verdicts against the defendants in two of the cases, but wished to reconsider as to the other cases. Mr. Lee, for the defendants, proposed to examine the defendants, against whom the verdicts were found, as witnesses for the other defendants ; but the Court said it was not consistent with the practice of the Court: all the causes having been submitted to the jury at the same time.

¶3Bills of exception were taken by the defendants’ counsel, but no writ of error was prosecuted.