1791-01-26 (static/transcriptions/1791/01/218.jpg)
(55.
Wednesday 26 January 1791.
against Mathew Dawson Esq:
Trial
Wedn: 26 Jan: 1791.
Present
Chambers
Hyde &
Jones
The cause Monohur Dass & anor v M. Dawson is called on again.
Mr. Dunkin proposes as a Wts for Deft. Nilmunny Miter who signed the accot C.
No 9. Examination of Nilmunny M. on voir dire. He says (int: al.) “Part of the money mentioned in C: was advd by my order. – There are in C sums contained that were advd on the private accot of myself, Ram G. Miter, & Harr G. M. we are 3 brothers. If Mr. D were to be obl: to paymoney for me I shod be obl: to repay him.
Mr. Davies objects to the competency of this man; because he is
1st – Interested in the decision of the cause by his own admon, because he admits that, if by the Jt in this cause Deft should be obliged to pay Plfs money advd on the wts’s private account he would be obliged to repay Deft.
2dly Interested vi the question of the cause.
3: Because he is come to invalidate by his testimony an instrumt signed by himself.
On