Combs v. Black
Mississippi Supreme Court
Appeal from the Circuit Court of Yalobusha County. Hon. S. Featherston, Judge. Menken Brothers brought this action against J. L. Combs on a draft drawn upon him in their favor by F. M. Duke, and conditionally accepted by the defendant.' At the trial Combs offered to testify in his own behalf to show the circumstances of his acceptance of the draft sued on, and that the contingencies upon which he promised to pay the same had not happened.
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Appeal from the Circuit Court of Yalobusha County. Hon. S. Featherston, Judge. Menken Brothers brought this action against J. L. Combs on a draft drawn upon him in their favor by F. M. Duke, and conditionally accepted by the defendant.' At the trial Combs offered to testify in his own behalf to show the circumstances of his acceptance of the draft sued on, and that the contingencies upon which he promised to pay the same had not happened. The defendant’s proffered testimony had reference, partly, to transactions which occurred between himself and Leopold Iglaner, then a member of the firm of…
1Opinion of the CourtChalmers, J.
It was decided in McCutchen v. Rice, 56 Miss. 455, that in a suit by or against a firm, one member of which was dead, the adversary party was not an incompetent witness in his own behalf. In that case the transaction as to which the party proposed to testify had occurred with the "surviving member of the firm, and because some stress was laid in the opinion upon this fact, the circuit court in the case now before us hold that where the transaction about which the adverse party proposed to testify had occurred between the witness and the deceased member of the firm, the former was incompetent…
2Cases cited2 opinions
- Love v. StoneMississippi Supreme Court · 1879
- McCutchen v. Rice & Co.Mississippi Supreme Court · 1879
3Cited by8 opinions
- Shepherd Et Ux. v. JohnstonMississippi Supreme Court · 1947
- Bay View Brewing Co. v. GrubbWashington Supreme Court · 1903
- Jackson v. SmithMississippi Supreme Court · 1890
- Garner v. TownesMississippi Supreme Court · 1924
- Davis v. CrawfordMississippi Supreme Court · 1936
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