Wright v. Lewis
Supreme Court of Alabama
Error to the Circuit Court of Butler. Tried before the Hon. John J. Woodward. This was an action of assumpsit by John B. Lewis, against the plaintiff in error, as adminissrator of John Lewis, deceased, to recover for money paid, laid out and expended to and for the use of his intestate. The facts appear in the opinion. 1. The facts disclosed by the bill of exceptions show that the witness, Jacob Lewis, is interested in the event of this suit.
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Error to the Circuit Court of Butler. Tried before the Hon. John J. Woodward. This was an action of assumpsit by John B. Lewis, against the plaintiff in error, as adminissrator of John Lewis, deceased, to recover for money paid, laid out and expended to and for the use of his intestate. The facts appear in the opinion. 1. The facts disclosed by the bill of exceptions show that the witness, Jacob Lewis, is interested in the event of this suit. If John B. Lewis fail to recover in this suit, he has his action against the witness to recover the amount he now sues for. If he succeeds, on the…
1Opinion of the CourtDargan, C. J.
The plaintiff offered Jacob Lewis, as a witness, to prove the following facts: The witness, as principal, was indebted to the branch bank at Montgomery, and John Lewis, the defendant’s intestate, was one of his securities. The debt being pressed against John Lewis, he applied to the plaintiff to extend it by giving his, plaintiff’s, note as principal with John Lewis as security. This was done upon the promise of John Lewis to pay the note, and save the plaintiff harmless. To this note Jacob Lewis, the witness, was not a party, nor was it made at his request, but at the request of the…
2Cases cited1 opinion
- Massey v. RoganSupreme Court of Alabama · 1844