Winn v. Hinson

(After stating the foregoing facts.)

The court did not err in sustaining ground 5 of the amended motion and in granting a new trial because of the error therein complained of. W. L. Stone testified for the plaintiff that the note sued on had not been altered since it had been in his possession. Ground 5 complained of the refusal of the court to rule out the testimony on the ground that Stone, being an indorser and liable on the note, was an interested party, and that his testimony related to transactions and communications with a deceased person whose executrix was the opposite party. Stone…