Marwick v. Georgia Lumber Co.
Supreme Judicial Court of Maine
Exceptions from the Court of Common Pleas, Whitman C. J. presiding. The action was covenant broken. The defendants offered, as a witness, William Cutter, who, being inquired of by the plaintiffs, as to any interest he might have in the event of the suit, answered, under oath, that he had no interest; that he had formerly owned stock in the company; that being indebted, he had assigned, by an absolute transfer, his stock to a creditor, the proceeds of the stock to be applied,…
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Exceptions from the Court of Common Pleas, Whitman C. J. presiding. The action was covenant broken. The defendants offered, as a witness, William Cutter, who, being inquired of by the plaintiffs, as to any interest he might have in the event of the suit, answered, under oath, that he had no interest; that he had formerly owned stock in the company; that being indebted, he had assigned, by an absolute transfer, his stock to a creditor, the proceeds of the stock to be applied, so far as they would go, toward paying the debt; that no part of the debt had been cancelled or discharged, but that he…
1Opinion of the Court
The opinion of the Court was drawn up by
Shepley J.
The corporation offered William Cutter as a witness, aud he was excluded on the ground of interest. The proof of his interest was made on his examination upon the voire dire. He stated an assignment of his stock in the corporation as security for a debt, but that did not discharge his interest. He further stated, that his stock had been forfeited for neglect to pay an assessment, and had been sold by the secretary, he being present at the sale, and that he did not consider himself as having now any interest. On being asked if he did not expect…
2Cases cited7 opinions
- Moore v. HitchcockNew York Supreme Court · 1830
- Sentney v. OvertonCourt of Appeals of Kentucky · 1816
- Lessee of Henry v. MorganSupreme Court of Pennsylvania · 1810
- Williams v. MatthewsNew York Supreme Court · 1824
- Fettretch v. ArmstrongThe Superior Court of New York City · 1868
2 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Hill v. BarneySuperior Court of New Hampshire · 1848