2 U.S. 268 (1796)

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U.S. Supreme Court

CASE OF GREENE, 2 U.S. 268 (1796)

2 U.S. 268 (Dall.)

Greene's Case

Supreme Court of Pennsylvania

December Term, 1796

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.

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

Page 2 U.S. 268, 269

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.

After a long opposition, however, the petitioner was discharged.

M'Kean, Dallas and S. Levy for the petitioner. M. Levy, Hallowell and Thomas for the creditors.

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