Gage v. Stewart

Decided May 15, 1809

New York Supreme Court · decided 1809-05-15

IN error, on certiorari. Stewart sued Gage in the court below, in trespass, for taking out of his waggon a barrel, containing; 10 gallons of whiskey. Upon the trial, Stewart offered one Andrews as a witness, the defendant objected to his competency, inasmuch as he was the owner of the whiskey, and had sent Stewart to bring it.

Cited by 2 later decisions — most recently July 1856

1 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1809-05-15

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Per Curiam.

¶1The witness, Andrews, as owner of the v , was directly interested; and if a witness is interested in ever so small a part of the demand, he is inct. The least degree of interest will disqualify a witness. The plaintiff claimed the whiskey, as well as damages for the detention; and the verdict must have included the whiskey. To allow a witness to testify as to part of a demand, when he is interested in another part, is dangerous and cannot be allowed. The judgment must, therefore, be reversed.

¶2Judgment reversed.