Union Bank v. Prettyman

7 Del. 16

• Court: Superior Court of Delaware
• Decided: July 5, 1858
• Status: Published

Opinion

By the Court:

It is our opinion that the exception taken to the deposition must be sustained, and that it will not be admissible in evidence to the jury on the trial of the issue, first, because Prettyman, the deponent, is a party to the record, and secondly, because, he is interested in the event of this issue to the whole extent of the judgment of the Union Bank against him, which he alleges has been discharged and satisfied, and therefore, he is to gain or lose by the result of it. As to the in strument produced to relieve him of his ineompetancy as a witness, we do not consider it as properly a release of his interest in the result of this case, but rather as an agreement under seal to indemnify him in a specific mode, out of the judgment in favor of Budd and others against him, against any pecuniary loss he may sustain in this case, to the extent of any amount that might be found to be due against him on the judgment in question in favor of the Union Bank. Deposition ruled out; issue abandoned, and rule discharged.