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Respublica versus Keppele U.S. 197 (1793)

handle is hein.slavery/ussccases0065 and id is 1 raw text is: SuFk!M9 CouaT OF Penelvanrtw. difinterefted witnefs) was offered to prove, that at the time of 1703. payment it had been agreed, that the value of the Continental money fo paid, fhould be adjured afterwards, and credit given accordingly. This teftimony was oppofed by Sereant, for the defendant, upon the principle that no man Ihall be allowed to contradi& or explain away his own inftrument. The cafe in z Term. Rep. 296. fpeaks of deeds as well as of negociable pa- per. This evidence is to invalidate the force of the receipt, and to add a condition, which will take off 49-5oths. of its operation. Great inconveniences might arife, and third per- fons may be deceived and injured, if fuch explanations are ad, mitted. Ingerfoll, for the plaintiff, urged that the rule is confined to negociable paper. It is fo fettled 3 Term. Rep. 33. 36. Be. fides it is not propofed to contradit the receipt, which only expreffes the receipt of 40o0 Continental dollars ; but, it would be fraudulent to prevent the plaintiff from fhewing that the va- ke was afterwards to be fettled, in order to fet up the impliea- tion of law againft us. No inconveniences can arife ; for, it is clear, a third perfon may be admitted to explain- Even an attefing witnefs was admitted in McMinn v. Owen. i Dall. Rep. Serjeant, in reply, faid, that before SHIPPEN, Prefident, in the Common Pleas, a captain of a veffel was not allowed to prove, that he did not receive the goods mentioned in the bill of lading. MKEAN, Chief Yug/ice. The general .expreflion in Walton Shelley muft be limited as explained in 3 Term. 33. 6. and, therefore, fince the witnefs is difinterefted, he mult be admitted. Befides, he is not to contradiS the writing, or deny any thing that is in it. REsPUBLICA verfus KEPPELE. Ao HABEAS CORPUS was iffued to bring up the body Aof Behjamin, a minor, about fourteen years old, who had been bound by his guardian's confent, to the de- fendant, to ferve her till he fhould arrive to the age of fifteen. Having abfconded from her fervice, he was committed to goal, for that caufe ; and a general queftion was made, whether an infant could be bound as a fetvant in Pennfylvania ? THE COURT were unanimouly of opinion, that the inden- tdre, in this cafe, was void, and gave their opinions feriatim. The opinion of 7tiflice BRADFORD, (which is all I have 'in. my notes) entered fully into the principles of the decifion as follows. BRADFORD

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