Porter v. McClure, 2 N.C. 413, 1 Hayw. 413 (1796)

Sept. 1796 · North Carolina Superior Court

2 N.C. 413, 1 Hayw. 413

Porter v. McClure.

The wife of a person inierested in the event of (lie question, but not of the cause, is admissible as a witness.

The Defendant offered Mrs Greenwood to prove that Hagar, the wench in question, was a sound and sensible negro. The point in controversy was, whether she was so or not, when McClure sold her to Porter and warranted her to be so. The husband of this witness had purchased the same negro of Porter and since sold her. It was objected that Mrs. Greenwood was incompetent, being interested in the event of the question • for if the negro was really an ideot, then the* vendee of Greenwood may resort to him for selling an unsound negro. She is interested in maintaining the negro to have been a sensible one.

Per curiam

The true, rule is, if the verdict in this cause may be given in evidence in another cause for or against the witness, then her testimony should not be received, otherwise it may. Now the verdict in this cause to which Greenwood is no party, cannot possibly ever come to be given in e\id* nee. for or against him, in any other cause, to which be shall be a party, and therefore, sheisclearlyacompete.nl witness. Formerly there were some doubts, whether a witness interested in rhequestion could be received, and for some time, the decisions .were both ways ; but it is lately settled in our courts, that no interest but that in the event, of the cause, shall render a witness incompetent. She was sworn and gave evidence.

Note. — Vide Farrell v. Perry, and the references in the note upon this subject, ante 2,