Chisholm ex rel. Bigelow & Co. v. Newton
Supreme Court of Alabama
Writ of error to the County Court of Sumter County. ASSUMPSIT by Chisholm to the use of Bigelow & Co..r ■on a promissory note, payable to Chisholm or order Picas:'-Now assumpsit; want of consideration; and gaming.
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Writ of error to the County Court of Sumter County. ASSUMPSIT by Chisholm to the use of Bigelow & Co..r ■on a promissory note, payable to Chisholm or order Picas:'-Now assumpsit; want of consideration; and gaming. At the trial, evidence was given in behalf of the defendants-t-hat Chisholm had admitted that he obtained- the notefrom the defendants for the purpose of its being bet on a horse race, whioh; however was never run; this admission was made after the commencement of the suit, and after it had been once-continued'. The court instructed the jury, that if the note was obtained by…
1Opinion of the CourtGoldthwaite, J.
— The general principle on which the. competency of admissions as evidence rests; is, the interest which the party making them has in the suit, or its subject matter. From -this it would seem that the admissions of one who *372has no interest in a suit, ought not to be allowed to control it. It is said by Mr. Starkie in his compilation of the rules of evidence, (2 Starkie on evid. 40) that the admission of a jearly on the record is always evidence, though he be but a trustee for another, and although it appear from the admission itself that he is such; for this he cites the case of Bowerman v.…
2Cases cited2 opinions
- Hood's Executors v. NesbitSupreme Court of the United States · 1792
- Frear v. EvertsonNew York Supreme Court · 1822
3Cited by8 opinions
- Pharis v. LeachmanSupreme Court of Alabama · 1852
- Roberts v. TrawickSupreme Court of Alabama · 1848
- Planters' & Merchants' Insurance v. TunstallSupreme Court of Alabama · 1882
- Thompson v. DrakeSupreme Court of Alabama · 1858
- Alabama Power Co. v. HamiltonSupreme Court of Alabama · 1917
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