We must admit the witness. ' Formerly as the law and the decisions stood on this point, he would have been excluded ; but it is now settled to the contrary, and has been so recognized by this court. Clark v. Maloney, 3 Harr. 68. Stockton v. Jones et al. 10 Johns, 21. 1 Greenl. Ev. 476.
C. M. Cullen, for plaintiff.
W. Saulsbury, for defendants.'