
    Delesline against Greenland.
    Where a man agrees to submit a matter in dispute, to the oath of a third person, and the oath is made accordingly, he shall be held to ids agreement.
    CASE for a cask of indigo. The defendant admitted that the indigo came into his possession; but contended that it had been returned to Mr. Frank Allston, for account of, or by order of the plaintiff; which Mr. Allston denied. That the defendant then proposed that if Allston would take his oath that he never received it back, he would pay for it. Allston accordingly went and made the oath ; but the defendant refused to be bound by his agreement, and offered to go into testimony respecting the indigo.
    
      Pinckney objected to this as being irregular; and he contended, that as the defendant had agreed to leave the matter in dispute to Allston’s oath, he was bound by it, and could not go into any other testimony ; and relied upon a case in 2 Fsp. Rep. 178. where Lord Kenyon held a man to such a kind of agreement, and refused to let in any other evidence.
    
      
      Trezevant urged for liberty to give other evidence 5 but
   The Court,

on the authority of the case' in Esfinasse, refused it; and said it was proper that the defendant should be bound by his agreement; for it might be attended with bad consequences to permit a party to fly off from an agreement of this nature, after he had heard what had been sworn to by a witness or witnesses of the opposite party.

Verdict for plaintiff.

Defendant’s attorney gave notice of a motion for a new trial, and this case was argued in the constitutional court of appeals before all the judges, when the motion for a new trial was overruled, and the verdict confirmed.  