
    Benedict v. Brownson.
    A witness is not admissible where he has a promise to receive part of the avails of the suit; .though, if tjhe party was indebted to him, and had no visible means of payment but by recovery, that alone would not exclude him.
    Ur this case tbe plaintiff offered a witness, who bad engaged to pay bis, tbe plaintiff’s, attorney for carrying on tbe suit (tbe plaintiff being a poor man), and bad a promise from tbe plaintiff tbat part of tbe avails of tbe suit, if a recovery was bad, should be applied to the payment of a debt then due to the witness from the plaintiff. But,
   By the Court.

He is interested and inadmissible, as he has a promise to share the benefit of the recovery, if one is had: Though, if the objection went no further than, that the plaintiff was indebted to him, and had no visible means of payment, excepting by a recovery, it would not exclude him. That point has been long decided.  