M'Kay v. Marine Insurance Co.

Tbe decision at tbe circuit was right. Whenever a party has bad an opportunity to examine a transient witness, and has suffered it to pass by, the want of bis testimony is no objection to going to trial. In Post v. Wright and Buchan, (1 Caines’ Rep. 111,) tbe absence of counsel was urged as an excuse, but tbe court refused to admit it, and we think all excuses of that sort ought to be discountenanced.

Motion denied.