Knight v. Packard
Court of Appeals of South Carolina
This b as an action of assumpsit on a promissory note by the indorsee against the drawer. Tried before the recorder of the dty of Charleston, in October term, 1823. The pleas were non assumpsit and usury. The defendants counsel offered Welcome Olds, the-fndorser of the note, as a w itness to prove the us my. The plaintiffs counsel objected to his being sworn, upon the-ground that a party to the note was an incompetent witness.
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This b as an action of assumpsit on a promissory note by the indorsee against the drawer. Tried before the recorder of the dty of Charleston, in October term, 1823. The pleas were non assumpsit and usury. The defendants counsel offered Welcome Olds, the-fndorser of the note, as a w itness to prove the us my. The plaintiffs counsel objected to his being sworn, upon the-ground that a party to the note was an incompetent witness. Authorities were produced, both in favor of, and against the position of plaintiffs counsel. The court overruled the objection, and said that it appeared to the court,…
1Opinion of the Court
Nott J.
The court concur in opinion with the recorder in this case. The cases in which the question has been discussed, are so familiar to the profession, that it cannot now .be necessary to go into a very nice analysis of them. The whole doctrine will be found in the three cases of Walton vs. ‘Shelly, (1st. Dunford. & E. 296.) Bent vs. Baker, (3 D. & East. 27.) and Jordaine vs. JLashbrooke, (Qih D. & E. 601.) In the first it is laid down that “no party who has signed a paper or deed, shall ever be permitted to give testimony Ito invalidate that instrument which he has so signed.” It is…
2Cases cited6 opinions
- Inhabitants of Worcester v. EatonMassachusetts Supreme Judicial Court · 1814
- Baring v. ShippenSupreme Court of Pennsylvania · 1809
- Pleasants v. PembertonSupreme Court of the United States · 1793
- Stille v. LynchSupreme Court of the United States · 1792
- Shaw v. WallisSupreme Court of Pennsylvania · 1795
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