Winthrop v. Meyer

1 Abb. Pr. 383, 4 E.D. Smith 177

Opinion

Daly, J.

The fact that the assignor had covenanted that the amount of the claim was due, and that he might become liable upon his covenant, in the event of the plaintiff’s failure to recover, did not render him the party for whose benefit the suit was brought. He had an interest in the result, which, might affect his credibility, but which did not disqualify him. from being a witness.

Upon the evidence, the judgment cannot be disturbed.