Page:United States Reports, Volume 1.djvu/528

Rh  Proof of a note given by one of two partners, for the payment of money borrowed an ufurious intereft, and afterwards paid, will not fupport account, ftating the ufurious contract to have been with the partnes jointly.

Although no money is actually paid, the ufury is complete, when new notes are taken in fatisfaction of old ones given for the payment of money borrowed at a ufurious intereft.

A fair purchafe may be made of a bond or note, even at 20 or 30 per cent. difcount, without incurring the danger of ufury.

TRICT form in a verdict is not neceffary ; is need only to be underftood what the intention of the jury was, agreeably to which, it may afterwards be moulded into form

Warrant of attorney to confefs judgment on a bond, is fubfervient to the bond, and execution cannot be iffued, ’till the time given for payment in the conditon, has elapfed.

₢uere Whether a warrant of attorney to confefs judgment in the court of Common Pleas, will authorife its being confeffed in the Supreme Court.

It is not neceffary that a will devifing real eftate fhould be fealed.

Nor that all the fubfcribing witneffes fhould prove the execution.

Nor that the proof of the will fhould be made by thofe who fubfcribed as witneffes.

Nor that the will fhould be fubcribed by the witneffes.

Two witneffes are neceffary to the proof of every teftamentary writing, whether for the difpofition of real or perfonal eftate.

The defendant is not a competent witnefs to prove the perfon profecuting it muft be done by indifferent witneffes.

In an action on a Policy of Infurance, the Captain of the fhip, having goods on board, and infured by other underwriters, who refufed to pay ’till the determination of this fuit, was examined on this veir dire, and, fwearing himfelf difinterefted, he was fworn in chief.

The plaintiff's brother was offered to prove his age, form the hearfay of his father and mother ; but the Court would not allow him to be fworn.

If a man thinks himfelf interefted, though, in fact, he is not, this is fufficient to exclude his teftimony.

An informer, on the feizure of contraband goods cannot be a witnefs, although he releafes his right to the moiety.

Where a party calls a witnefs, who is contradicted by another witnefs of his own, he cannot call the firft to difprove what the fecond has faid.

₢uere, Whether a confidential clerk or agent comes within the rule refpecting counfel and attornies not being permitted to difclofe the fecrets of their clients.

Wife of the profecutor in an indictment of ƒorce ; but only the force.

On an indictment for forgery, the party whofe name is forged, is a good witnefs.

That referees have heard an interefted witnefs, is not a fufficient caufe to fet afide their report.

The fubfcribing witneffes to a promiffory not muft be produced, or fome account given of them at the trial.

In an action brought by the indorfee of a bill of exchange againft the firft indorfer, the plaintiff's immediate preceding indorfer cannot be made a witnefs by ftriking his name off the firʃt and third bills of the fet, although it is fuggefted that the ʃecond bill was loft.

There are two ways of proving a witnefs to be interefted; 1ft by examining him on his voir dire ; and, 2d. by evidence ; but both cannot be purfued at the fame time.

A crofs examination under a rule for taking depofition will not amount to an examination of the witnefs on his voir dire ; nor preclude any exception