3 D.C. 358
Decided December 15, 1828
Assumpsit against John Eliason and Joel Brown, joint merchants, trading under the firm of Eliason & Brown, for goods sold and delivered, &c. While the suit was pending upon the docket, after the arrest of Eliason, and before that of Brown, who was not taken until several terms had elapsed after the arrest of Eliason, the deposition of one Thompson Cockerell was taken on the part of the plaintiff, by consent, with an agreement of counsel on the part of the plaintiff and the…
Decided 1828-12-15
¶1But the Court (ThRüston, J., absent,) overruled the objection, and suffered the deposition to be read.
¶2The defendants’ counsel then contended that'the witness was not competent to prove his own authority to sign receipts for wheat delivered by the plaintiff to the defendants. 1 Phil, on Ev. 95; 4 Starkie on Ev. 55, 1730.
¶3But the Court, (nem. con.) upon the authority cited in Paley on Agency, 245, said he was competent.