Commercial Bank v. Whitehead
Supreme Court of Alabama
EhRoe to the Circuit Court of Greene. This was an action of assumpsit, by the plaintiff in error as indorsee, against the defendant in error as indorser of a promissory note made by Joseph B. Earle, for twenty-one thousand seven hundred and eighty-one dollars and seventy-seven cents.
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EhRoe to the Circuit Court of Greene. This was an action of assumpsit, by the plaintiff in error as indorsee, against the defendant in error as indorser of a promissory note made by Joseph B. Earle, for twenty-one thousand seven hundred and eighty-one dollars and seventy-seven cents. From a bill of exceptions taken at the trial of the cause, it appears that the defendant offered to read as evidence the deposition of J oseph B. Earle, which had been regularly taken before the last continuance of the cause, upon the affidavit of the defendant, that the said Earle was about to remove from the…
1Opinion of the CourtOrmond, J.
A preliminary question is presented on the bill of exceptions, which it is proper to determine before proceeding to the examination of the assignments of error.
It appears from the bill of exceptions that the defendant offered to read the deposition of Joseph B. Earle, which was objected to on the ground that the witness was interested. The objection now is, that it does not appear with sufficient certainty that the witness was the maker of the note indorsed by the defendant — his interest being dependent on that circumstance.
It is thus stated: “The indorsement of the bill of exchange by the…
2Cases cited3 opinions
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