Gage v. Stewart

New York Supreme Court

Gage v. Stewart

4 Johns. 293

CourtNew York Supreme Court

DecidedMay 15, 1809

StatusPublished

Cited by4 cases

This text of 4 Johns. 293 (Gage v. Stewart) is published on Counsel Stack Legal Research, covering New York Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Gage v. Stewart, 4 Johns. 293 (N.Y. Super. Ct. 1809).

Pincite

Opinion

Per Curiam.

The 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.

Judgment reversed.

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Per Curiam.

The 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.

Judgment reversed.

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Bluebook (online)

4 Johns. 293, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gage-v-stewart-nysupct-1809.

Opinion

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