Nicholson's Lessee v. Mifflin — 2 U.S. 246

Majority

p. 246

Nicholson’s Lessee versus Mifflin.

Syllabus

A QUESTION arose in this case, whether the defendant had given a written authority to Edward Bonsall (a Scrivener, who kept an office for the sale of lands) to dispose of the premises in question, which the lessor of the plaintiff alledged he had contracted for, and bought, under that authority.

To prove that a written authority was given, but had been mislaid, the Plaintiff’s Counsel offered Edward Bonsall, as a witness:

Lewis and Gibson, for the plaintiff.

Ingersoll and Condy for the defendant.

But,

—The agent is not a competent witness to prove his own authority for the sale of lands, in this way: the contents of the writing must be proved by other witnesses ; and then he might be allowed to shew in what manner he had executed his instructions.

The plaintiff not being able to give any other evidence of this preliminary fact, suffered a non-suit.