Greene's, Case

Decided January 1, 1796

Supreme Court of the United States · decided 1796

GEORGE GREENE, having petitioned for a discharge under the laws for the relief of insolvent debtors, one of his creditors was offered as a witness to prove, that several judgments, had been confessed by the petitioner, without a valuable consideration, and with a view to defraud. It was objected, that a creditor was not a competent witness; as his testimony would go to invalidate the judgments, as well as to the imprisonment of the petitioner.

Cited by 3 later decisions — most recently July 1865

3 state decisions

2 counsel of record

Cited in Black's (1910)’s definition of “Revocation of will”

Good law ✅— No negative treatment on recordhow we know

Decided 1796

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¶1GEORGE GREENE, having petitioned for a discharge under the laws for the relief of insolvent debtors, one of his creditors was offered as a witness to prove, that several judgments, had been confessed by the petitioner, without a valuable consideration, and with a view to defraud. It was objected, that a creditor was not a competent witness; as his testimony would go to invalidate the judgments, as well as to the imprisonment of the petitioner.

¶2By the Court:

¶3--This is a question of fraud; and we can perceive no just reason, why a creditor should not be examined to ascertain whether, on that ground, the petitioner ought *269to be remanded. The evidence can never affect the judgments; nor be admitted, on any other occasion, to maintain the personal interest of the witness. Let him be sworn.

¶4M'Kean, Dallas and S. Levy for the petitioner.

¶5M. Levy, Hallowed and Thomas for the creditors.

¶6After a long opposition, however, the petitioner was discharged.