
    NUGENT vs. TREPAGNIER.
    Juror who tried a suit of plaintiff's against another indorser not absolutely incompe tent. Objection too late after trial begun.
    The defendant was sued as the endorser of a promissory note. 4
    During the trial, Depeyster, the defendant's attorney, observed that one of the jurors had tried a suit brought by the plaintiff against another in-dorser of the note, and prayed he might be discharged; observing that the objection would prevail on a motion for a new trial, and it would save the time of the Court to make it now.
   By the Court.

It is not clear that the juror is incompetent. Likely, as this case may turn on the same point, as the one whkh the juror has tried if the attention of the Court had been drawn to this circumstance, they would have been readily induced to dispense with his attendance.

If the witness was incompetent, the Court would discharge him now. In Kaighn & al. vs. Kennedy, one of the jurors looking at the deposition, recognised on the back of it some figures, which he had made in casting up the interest, on the trial, in the court below, having been a juror there, and Moore objected to his trying the cause now, as he had already done so once: On this the cause was continued. Martin's Notes, 38.

Motion overruled.  