Page:United States Reports, Volume 2.djvu/306

 3¢• Casas ruled and adjudged in the _ |703· ~ ` YNNI ` _Lmn¤es·rou el ul. wp: Suuwxex. ' /0] HISwasana&iononthe cafe, toreeovertbe diferenee B ' upon a Rock 1:ontra8, which Samuel Jndajin, s the · 2*5%. broker and agent of the defendant, who relidedin Phdudelphb, _  hadentered intowith the plaintifs, whorelidcd in New-Yu-h, in the following terms :-** ldo hereby engage to deliver to h'· irish R. Living/lea, Efq. the en mt of ]•hu Swnmkl, iq. of Philadelphia, to deliverto  R. Lioi¤$r,El`q. afore- faidél one hppdred {haresof thefliank Stock of · on eth .4m nextenuin u {ard fain R. .Eoi:_;jl'?m payment gr 51.:. fame, atgthe race of twenty-one {hillings and (ix pence in the pound. __ (Signed) SAMUEL ANDERSON? .New·2"wh, 15th ful), rygt. _ I. On the trial of the caufe, the plaiutifs produced a eorref- pondencebetween duderpsand thedefendangin relationtothe contrad, after it was made, and then ollemi duderfqr himfelf V as a witneis, to prove thathe had received a verbal authority to _ make the contta&, for the defendant ; that he had accordingly executed the inlhument, above fet- forth; and that there had been a putiétual compliance with the ltipulations, on the part of the plaintidi. The defendant objefled, that Jnderjin was not a competent witnefs to prove his own authority; and that he was intereited ,. in the queltion, as he had an aétion aétually depending for his commillions on making the contra!}. · But, nr rms Couwr:-'1`hewitnefs is com tent to prove eve part of the tranfaéiion. He is not intereggd in the event _ of ihe fuit; nor can the verdict, in this oak, be given in evi. dence, upon the trial of the aéiion for his commillions. dialer. fm was a known, ellablilhed, Broker gand unlefs he was admit? . ted to give evidence of the inltruétions he received (which were oral in this cafe, and are ufually fo, in limilar cafes) it would be impraéticahle to afcertain the faéis, that are edizntial to enable the Court to decide uppip the merits of the controverfy. e witnefs was, thereupon, admitted. II. To the aéiion and declaration (which contained live gzupgguzlge following exceptions were taken, in the courfe of- tliv

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