Smyth v. STRADER
Supreme Court of the United States
This case came up, by writ of error, from ,the Circuit Court of the United States for the Southern District of Alabama. ¡ The' facts, in the case are stated in the -.commencement of the opinion of the Court, which the reader is requested to turn to and peruse, before-reading-the argument of counsel. The admission of Strader as a witness was an error. A portion of the funds of the firm belonged to. him, and he was liable to a contribution if they fell short. 1 Esp.
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This case came up, by writ of error, from ,the Circuit Court of the United States for the Southern District of Alabama. ¡ The' facts, in the case are stated in the -.commencement of the opinion of the Court, which the reader is requested to turn to and peruse, before-reading-the argument of counsel. The admission of Strader as a witness was an error. A portion of the funds of the firm belonged to. him, and he was liable to a contribution if they fell short. 1 Esp. N. P. Rep. 103 ; Ryan & Moody, 31; 21 Com. Law Rep. 334 ; 2 Peters, 186. He could not even be made a good witness by a release. 1…
1Opinion of the CourtJustice McLEAN
The plaintiff brought his action as the second indorsee of two promissory notes in favor of E. Stevenson, purporting to be signed by Strader, Perrine, & Co., which partnership consisted of Dan*414iel P. Strader, Jamés Perrine, E. Stevenson, and John H. Woodcock. The notes were assigned by Stevenson to Stinson & Campbell, of New Orleans, and by them to the plaintiff. Stevenson died before the commencement of the suit, and. the process was' served only on Perrine and Woodcock. At the fall term of 1842, Woodcock pleaded a discharge undér the bankrupt law, and Perrine pleaded that the partnership of…
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