Warren v. Merry
Massachusetts Supreme Judicial Court
This was assumpsit against Merry, as endorser of a promissory note, dated August 30, 1799, for 250 dollars, payable to him or order, in thirty days, with grace, and subscribed by Amos Lewis, Jun. and John Hunting. Upon the general issue pleaded, the cause was tried at the last November term in this county, before Parker, J. The plaintiff proved a demand on the promisers, and notice to the defendant; and, the signatures being acknowledged, he rested his case here.
Read the full summary
This was assumpsit against Merry, as endorser of a promissory note, dated August 30, 1799, for 250 dollars, payable to him or order, in thirty days, with grace, and subscribed by Amos Lewis, Jun. and John Hunting. Upon the general issue pleaded, the cause was tried at the last November term in this county, before Parker, J. The plaintiff proved a demand on the promisers, and notice to the defendant; and, the signatures being acknowledged, he rested his case here. The defendant offered Hunting, one of the original promisers, as a witness, to prove that, before the note became due, he paid to…
1Opinion of the Court
Curia.
In the trial of this cause, the judges rejected Hunting as a witness; and whether he was a competent witness [ * 28 ] * is the question now for the decision of the Court. The general objections to the competency of a witness arise either from infamy or interest. There is no imputation on Hunting’s character; and the defendant’s release discharges him from all interest in the event of this suit.
In actions on negotiable securities, an objection lies against a party to the security being received as a witness. And this objection is supported by the case of Walton vs. Shelley (1). A…
2Cited by18 opinions
- Inhabitants of Worcester v. EatonMassachusetts Supreme Judicial Court · 1814
- Churchill v. SuterMassachusetts Supreme Judicial Court · 1808
- Fitch v. HillMassachusetts Supreme Judicial Court · 1814
- Houghton v. PageSuperior Court of New Hampshire · 1817
- Long v. BailieSupreme Court of Pennsylvania · 1818
13 more not listed; retrieve them via the Exa API.