
    Case No. 17,368.
    WELCH v. HOOVER.
    [5 Cranch, C. C. 444.] 
    
    Circuit Court, District of Columbia.
    March Term, 1838.
    Agency — Proof of Authority — Agent as Witness.
    1. An agent is a competent witness to prove his own autíiority, if not in writing; and is not incompetent by reason of his liability to either of the parties.
    2. A parol authority will support a written contract.
    Assumpsit, for feeding cattle, &e.
    Mr. Brent, for plaintiff
    [Sylvester Welch],' offered to examine Mr. Owens, as a witness, to prove that he, as agent of the defendant, contracted to purchase of the plaintiff seventy-four head of cattle; $500 to be paid in cash, and the residue by the 1st of November, when the defendant was to take the cattle away.
    Mr. Bradley, for defendant
    [John Hoover], objected to the testimony of Mr. Owens, until his agency should be proved; and that he was not competent to prove his own agency; and that, if proved, he was not competent, because interested.
   THE COURT,

however

(THRUSTON, Circuit Judge, doubting),

permitted the witness to be examined without a release from either party; and decided that he was competent to prove bis own authority, if it was not in writing. See Starkie, Ev. pt. 4, p. 55.

Mr. Bradley then objected, that a parol authority will not support a written contract made by the agent.

But THE COURT

(MORSELL, Circuit Judge, absent)

overruled the objection. Verdict for plaintiff, $472.32.  