Peirce v. Reintzel, 6 U.S. (2 Cranch) 101 (1814)

Case No. 10,908.

June Term, 1814.

Witness — Interest is Controversy.

The principal obligor, having confessed judgment, and having been released by the defendant from the costs of this suit, is a competent witness for the defendant, to prove the bond usurious.

Debt on the joint and several bond of Daniel and John Reintzel, Daniel, the principal obligor, having confessed judgment, was offered as a witness for the defendant, to prove usury. The plaintiff objected, and cited the case of Virginia v. Evans [Case No. 16,969], in this court at November term, 1809, and Riddle v. Moss, 7 Cranch [11 U. S.] 206. The defendant released to Daniel Reintzei all costs of the present action in case judgment should go against him.

THE COURT (THRUSTON, Circuit Judge, doubting) permitted the principal obligor to-testify for the defendant.