
    John Gardiner, jun. Ephraim Olden, and James Olden against Genty Levaud.
    One partner defendant cannot call his co-partner (not sued,) as a -witness to proye the payment of the company debt.
    Action for goods sold in St. Domingo ; and the question was, whether a shipment of certain sugar and coffee had not discharged the debt.
    Mr. Ingersoll for the defendant,
    called Kobert Brami as a witness, who was proved to be a partner with the defendant at the time of sale. The defendant executed a release to him, at the bar.
    Mr. Thomas for the plaintiffs,
    objected to his competency. If a verdict passes for the plaintiffs, he will be liable to them, in case Lovaud should be insolvent. If, on the other hand, a verdict is given for the defendant, and a new suit should he brought against the Avitness, he may discharge himself therefrom, by pleading such verdict in bar thereof. So that quacunque via data, he is immediately interested in the event of this suit.
    The defendant’s counsel acquiesced in the objection, and withdrew the witness. The court was clearly of the same opinion.
   Verdict pro quer. for 595/. 6s. 3d., and six pence costs.  