1791-01-26 (static/transcriptions/1791/01/221.jpg)

58.)

First Term 1791.
Com: L. Baboo Monohur Doss & B: Duarcah Doss
he would never be liable to pay them; though by overturning the bond, they might be set up again. For these reasons the witness was rejected, as being incompetent.
And the Court of K. B being of opinion that he was rightly rejected, a new Trial was refused. But Now that the opinion of the Court of K. B. was found [ILL].
3dly The same case of Walton v Shelley is more particularly an authority for the third reason that I have given why the Wts now offered shod be rejected, viz because he is brot to invalidate an Instrumt signed by himself.
The attempt in that case was to make void the notes by proving that they were given for an usurious consider—. In this case, this wts is called to prove that the account was seized by Duress. The reason for rejecting the testimony offered is the same in both.
“He is called to invalidate his own security”,
Lord Mansfield in giving his opinion