英文法律词典 C-136

CREDIBLE¹ WITNESS. A credible witness is one who is competent to give evidence, and is worthy² of belief. 5 Mass. 219 17 Pick. 134; 2 Curt³. Ecc. R. 336. In deciding upon the credibility of a witness, it is always pertinent⁴ to consider whether he is capable of knowing the thing thoroughly⁵ about which he testifies. 2. Whether he was actually present at the transaction. 3. Whether he paid, sufficient attention to qualify himself to be a reporter of it; and 4. Whether he honestly relates the affair fully⁶ as he knows it, without any purpose or desire to deceive, or suppress or add to the truth.

2. In some of the states, as Delaware, Illinois, Maine, Maryland, Rhode Island, Vermont, and Virginia, wills must be attested⁷ by credible witnesses. See Attesting⁸ Witness; Competent Witness; Disinterested⁹ Witness; Respectable Witness; and Witness.

CREDIT, common law, contracts. The ability to borrow, on the opinion conceived by the lender that he will be repaid. This definition includes the effect and the immediate¹⁰ cause of credit. The debt due in consequence of such a contract is also called a credit; as, administrator¹¹ of an the goods, chattels¹², effects and credits, &c.

2. The time extended for the payment of goods sold, is also called a credit; as, the goods were sold at six months credit.

3. In commercial law, credit is understood as opposed to debit¹³; credit is what is due to a merchant, debit, what is due by him

4. According to M. Duvergier, credit also signifies that influence acquired by intrigue¹⁴ connected with certain social positions. 20 Toull. n. 19. This last species of credit is not, of such value as to be the object of commerce. Vide generally, 5 Taunt¹⁵. R. 338.

CREDITOR¹⁶, persons, contracts. A creditor is he who has a right to require the fulfilment of an obligation. or contract.

2. Creditors¹⁷ may; be divided into personal and real.

3. The former are so called, because their claims are mainly against the person, who can reach the property of their debtors¹⁹ only by; virtue²⁰ of the general rule by which he who has become personally obligated, is bound to fulfil his engagements, with all his property acquired and to be acquired, Which is a common guaranty for all his creditors.

4. The latter are called real, because they have mortgages or other securities binding²¹ on the real estates of their debtors.

5. It is proper to state that personal creditors may be divided into two classes first, those who have a right on all the property of their debtors, without considering the origin, or the nature of their claims; secondly²², those who, in consequence of some provision of law, are entitled to some special prerogative²³, either in the manner of recovery, or in the rank they are to hold among creditors; these are entitled to preference. As an example, may be mentioned the case of the United State; when they are creditors, they have always a preforenee in case of insolvent²⁴ estates.

6. A creditor sometimes becomes so, unknown to his debtor¹⁸, as is the case when the former receives an assignment of commercial; paper, the title to recover which may be conveyed either by endorsement²⁵, or, in some cases, by mere²⁶ delivery. But in general it is essential there should be a privity of contract between the parties. Vide, generally, 7 Vin. Ab. 42; 3 Com. Dig. 343; 8 Com. Dig. 388; 1 Supp. to Ves. Jr. 302 2 Sup. to Ves. Jr. 305 Code, 7, 72, 6; Id. 8, 18; Dig 42, 6, 17; Nov. 97 ch. t3 Bouv. Inst. Index, h. t.