McCall v. Sinclair
Supreme Court of Alabama
Error to the County Court of Ldwndes. Assumpsit by the plaintiff, against the defendant in error, on six promissory notes, purporting to be executed by Jane Sinclair, the defendant in error, and John A. Spear. Plea, non est factum. The plaintiff offered the .deposition of John A. Spear, who was not sued in the action, to prove, that he signed the name of defendant to the notes, at her request, and in her presence, and his own name as surety.
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Error to the County Court of Ldwndes. Assumpsit by the plaintiff, against the defendant in error, on six promissory notes, purporting to be executed by Jane Sinclair, the defendant in error, and John A. Spear. Plea, non est factum. The plaintiff offered the .deposition of John A. Spear, who was not sued in the action, to prove, that he signed the name of defendant to the notes, at her request, and in her presence, and his own name as surety. The deposition had been regularly taken upon cross examination. On motion of the defendant, the court excluded it from the jury, upon the ground that the…
1Opinion of the CourtCollier, C. J.
The competency of one joint maker of a promissory note, who is not sued, to give evidence for another, or for the plaintiff, depends upon the fact, whether he is interested in the event of the suit. In Kornegay v. Salle, 12 Ala. Rep. 534, we said that a joint debtor had been received as a witness for the defendant, where, under the circumstances, he was not interested in the result of the cause: that he was admitted for the plaintiff, unless he was called to prove a joint liability. It was added, that if he is released or discharged of his interest, that he was admissible for either party ;…
2Cases cited5 opinions
- Wainwright v. StrawSupreme Court of Vermont · 1843
- Stringfellow v. MariottSupreme Court of Alabama · 1840
- Shiras v. MorrisCourt for the Trial of Impeachments and Correction of Errors · 1827
- Whatley v. JohnsonSupreme Court of Alabama · 1828
- Kornegay v. SalleSupreme Court of Alabama · 1847
3Cited by1 opinion
- Barney v. EarleSupreme Court of Alabama · 1852