
    Case No. 6,396.
    HERBERT v. BANNATYNE et al.
    [2 Cranch, C. C. 12.] 
    
    'Circuit Court, District of Columbia.
    Nov. Term, 1810.
    EviDEKCE — SciT BT TRUSTEE OP INSOLVENT— Creditor as Witness.
    In a suit by the trustee of an insolvent debtor, :a creditor of the insolvent is not a competent witness.
    On the trial of an issue from chancery to ascertain for what sum the defendants could have sold a certain cargo of tobacco.
    E. J. Lee, for complainant
    [William Herbert, Jr., assignee of John Potts], offered W. Wilson as a witness.
    Mr. Swann, for defendants
    [Einlay Banna-tyne & Co.], objected that W. Wilson was a creditor of Potts, the insolvent, and was •therefore a cestui que trust, and as such directly interested in augmenting the fund.
   THE COURT

(THEUSTUN, Circuit Judge,

.absent) decided that W. Wilson was not a competent witness.  