
    Holmes versus Comegys.
    THIS was a Scire Facias against the Garnishee in a Foreign Attachment, upon the trial of which the confidential agent, or factor, of the original Defendants, who was casually attending in Court, was offered as a witness to prove effects in the hands of the Garnishee.
    
      Levy,
    
    objected to the admission of the witness; and contended, that he ought not to be allowed, or, at least compelled, to give evidence of matters confidentially communicated to him as an agent; and that the Court had then no power over him as a witness, because he had not been subpœna’d to attend.
   But by

Shippen, President

It would be of very dangerous consequence, if it was established, that a commercial agent was not amenable as a witness in a Court of Justice, in a cause against his constituent. It is draining the matter of privilege too far: And, if the law makes him a witness, we are too fond of getting at the truth, to permit him to excuse himself from declaring it, because he conceives, that, in point of delicacy, it would be a breach of confidence.

By the Court :—Let the witness be affirmed.  