Supreme Court of Pennsylvania, 1794

McEwen v. Gibbs

McEwen v. Gibbs
Supreme Court of Pennsylvania · Decided January 15, 1794
4 U.S. 119 (United States Reports)

McEwen v. Gibbs

Opinion of the Court

Case, on a parol acceptance of a bill of exchange. The plaintiff having become a certificated bankrupt, was called as a witness to prove the acceptance. Dallas objected to his competency, on the ground of the witness’s liability for costs; and his interest in augmenting the estate surrendered under his commission.

But it appearing, that the assignees carried on the suit, and had entered into security for costs, The Court (after the plaintiff had released his interest at the bar) directed him to be sworn, upon the authority of Scott v. McClenachan.

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