Edwards v. Ward

1. Under the authority of § 5858 (3, 5) of the Civil Code (1910) a party defendant is incompetent to testify as to transactions between himself and a deceased agent of the plaintiff. In a suit upon promissory notes where the defense offered and filed by both the defendant and the sureties was based upon the alleged fact that the notes were given as part of an usurious transaction, the defendant who *777negotiated the transaction with the plaintiff’s agent, since deceased, was incompetent to testify as to such transaction with the deceased agent. Johnson v. Hart, 82 Ga. 767 (9 S. E. 1110). The…