G EORGE 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 acertaine 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.
After a long opposition, however, the petitioner was discharged.