Riddle v. Moss

11 U.S. 206, 3 L. Ed. 317, 7 Cranch 206, 1812 U.S. LEXIS 388

Opinion

Marshall, Ch. J.

delivered the opinion of the Court 'to the following effect.

The Court is of, opinion that Welch, the co-obligor, Was interested, and Whs therefore ap incompetent wit-. ness. It was a consideration of some importance that he had given Moss <i deed of trust of his effects to indemnify him against this suit; but the principal circumstance was, that Welch’s liability would be increased, to • the, extent of the costs of this suit, if the judgment'should be against Moss. *

Judgment reversed„

* .The same point was .also decided in the case'.of the Governor of Virginia V.- Evans and others, at this term; which'was the case of a bond with collateral condition. It was a joint action; and all the Defendants were taken, but pleaded separately.