Greene's, Case

Greene’s, Case. GEORGE GREENE, having petitioned for a discharge under the laws for the relief of insolvent debtors, one of his creditors was offered as a witness to prove, that several judgments, had been confessed by the petitioner, without a valuable consideration, and with a view to defraud. It was objected, that a creditor was not a competent witness; as his testimony would go to invalidate the judgments, as well as to the imprisonment of the petitioner. [MAJORITY — By the Court:] By the Court: --This is a question of fraud; and we can perceive no just reason, why a creditor should not be examined to ascertain whether, on that ground, the petitioner ought to be remanded. The evidence can never affect the judgments; nor be admitted, on any other occasion, to maintain the personal interest of the witness. Let him be sworn. M'Kean, Dallas and S. Levy for the petitioner. M. Levy, Hallowed and Thomas for the creditors. After a long opposition, however, the petitioner was discharged.