Kornegay v. Salle
Supreme Court of Alabama
Writ of Error to the County Court of Sumter. The defendant in error declared against the plaintiff on two promissory notes for two hundred and fifty dollars each, to which non-assumpsit and set off were pleaded.
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Writ of Error to the County Court of Sumter. The defendant in error declared against the plaintiff on two promissory notes for two hundred and fifty dollars each, to which non-assumpsit and set off were pleaded. From a bill of exceptions, sealed at the instance of the defendant below, it appears that he offered one Simmons, who was a comaker with him of the notes declared on, as a witness, and proposed to prove by him, Simmons, that the notes were given to the plaintiff to compensate him for bringing a suit in chancery against one Beck, in favor of the defendant and witness; that it was…
1Opinion of the CourtCollier, C. J.
It must be admitted that the precise-question presented in this case, arose in Thompson v. Armstrong, 5 Ala. Rep. 383, and it was there decided, that one co-maker of a promissory note who was not sued, was a competent witness for another. The point certainly did not receive much consideration, and the decision was doubtless induced by the unsoundness of what was supposed to be the reasoning which influenced the decision in Ross and wife v. Wells, 1 Stew. R. 139. In this latter case, the court merely declare the conclusion that the witness is incompetent; but the argument at the bar, and the…
2Cases cited5 opinions
- Lovett v. AdamsNew York Supreme Court · 1829
- Cawthorne v. WeisingerSupreme Court of Alabama · 1844
- Pike v. BlakeSupreme Court of Vermont · 1836
- Thompson v. ArmstrongSupreme Court of Alabama · 1843
- Anderson v. Snow & Co.Supreme Court of Alabama · 1845
3Cited by2 opinions
- Gayle v. BishopSupreme Court of Alabama · 1848
- McCall v. SinclairSupreme Court of Alabama · 1848