Bethune v. McCrary
Supreme Court of Georgia
Assumpsit, &c. in Sumter Superior Court. Tried before Judge Warren, November Term, 1849. Suit was commenced by Betbune against McCrary, as indorser on a note for $2000, made by John W. Cowart, and payable to the order of M. H. Brown, and indorsed by Brown, John Mc-Crary and Isaac McCrary.
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Assumpsit, &c. in Sumter Superior Court. Tried before Judge Warren, November Term, 1849. Suit was commenced by Betbune against McCrary, as indorser on a note for $2000, made by John W. Cowart, and payable to the order of M. H. Brown, and indorsed by Brown, John Mc-Crary and Isaac McCrary. The defendant on the trial proved, that Cowart and Shotwell & Tift, in 1838, bought a steamboat for $12,000. Cowart gave his notes for $6000, and Shotwell & Tift gave their notes for $6000 — and all mutually indorsed each others’ notes. Subsequently, the Phcenix Bank of Columbus, as the holder of the note…
1Opinion of the Court
By the Court.
Nisbet, J.
delivering the opinion.
[1.] "We are satisfied that the Court erred in admitting the evidence of Mr. Dudley and Mr. Haines. The fact to be proven was, the value of the bills of the Phcenix Bank, at the time that the plaintiff’s vendor, Tift, paid the note, as indorser. Mr. Haines was permitted to testify to statements made by an agent, whom he had sent to Columbus with bills of that bank, as to their value there. This agent was a competent witness and might have been produced. Haines’ proof of his statements was hearsay evidence. The same may be said of Mr. Dudley’s…
2Cited by5 opinions
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- Buice v. Lowman Gold & Silver Mining Co.Supreme Court of Georgia · 1880
- Martin v. SmithSupreme Court of Georgia · 1955
- Byck v. LawtonSupreme Court of Georgia · 1963
- Bain v. WilsonOhio Supreme Court · 1859