
    William Herbert, Jr., Assignee of John Potts under the Insolvent Law, v. Finlay Bannatyne & Co.
    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,
    
      Mr. E. J. Lee, for the complainant,
    offered W. Wilson as a witness.
    
      Mr. Swann, for the defendants,
    objected that W. Wilson was a creditor of PottSj the insolvent, and was therefore a cestui que trust, and as such directly interested in augmenting, the fund.
   The Court,

(Thruston, J., absent,)

decided that W. Wilson was not a competent witness.  