Austin v. Dorwin
Supreme Court of Vermont
Assumpstt upon a promissory note for five hundred dollars, dated September 17, 1841, and made payable to the plaintiff, or order, in one year from date, with interest annually. Plea, the general issue, and trial by jury, March Term, 1846, — Bennett, J., presiding.
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Assumpstt upon a promissory note for five hundred dollars, dated September 17, 1841, and made payable to the plaintiff, or order, in one year from date, with interest annually. Plea, the general issue, and trial by jury, March Term, 1846, — Bennett, J., presiding. On trial the plaintiff gave in evidence the note declared upon, which was signed by Nathaniel Warner, Ira Warner, Asa S. Weller and the defendant, and by which they promised jointly and severally to pay the amount specified. The defendant then offered in evidence the deposition of Ira Warner, one of the signers of the note, to which…
1Opinion of the Court
*42The opinion of the court was delivered by
Hall, J.
The first objection made to the ruling of the county court is, that Warner, the principal on the note, was an incompetent witness for the defendant, his surety, by reason of interest in the event of the suit; and that he was, therefore, improperly admitted to testify.
The defendant has released the witness from all liability to him for the costs and expenses of this suit; and the only question is, how the witness is to be affected by the result in regard to the damages. The witness is liable to the plaintiff for the amount of the debt. If the…
2Cases cited2 opinions
- Miller v. McCanNew York Court of Chancery · 1839
- Vilas v. JonesNew York Court of Chancery · 1843
3Cited by9 opinions
- Stillwell v. AaronSupreme Court of Missouri · 1879
- Lemmon v. WhitmanIndiana Supreme Court · 1881
- People's Bank v. PearsonsSupreme Court of Vermont · 1858
- Austin v. ChittendenSupreme Court of Vermont · 1861
- Hamilton v. ProutyWisconsin Supreme Court · 1880
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