Philadelphia County Court of Common Pleas, 1789

Holmes v. Comegys

Holmes v. Comegys
Philadelphia County Court of Common Pleas · Decided June 15, 1789 · Shippen
1 Dall. 439; 1 U.S. 439

Counsel

Levy,

Holmes v. Comegys

Opinion of the Court

But by

Shippen, President

It would be of very dangerous consequence, if it was established, that a commercial agent was not amenable as a witness in a Court of Justice, in a cause against his constituent. It is draining the matter of privilege too far: And, if the law makes him a witness, we are too fond of getting at the truth, to permit him to excuse himself from declaring it, because he conceives, that, in point of delicacy, it would be a breach of confidence.

By the Court :—Let the witness be affirmed.

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