Mills v. Lee

4 Hill & Den. 549

Opinion

By the Court,

Cowen, J.

The judge was clearly right in refusing to postpone the cause. There can be no doubt that, in actions ex contractu, a verdict in favor of one of several defendants, though'on the ground of bankruptcy, will not render him a competent witness for his co-defendant. (3 Hill, 106, 7, note, and the cases there cited.)