Archer v. Greer
Supreme Court of Georgia
Complaint. Evidence. Tried before Judge Cole. Macon Superior Court. March Term, 1867. Plaintiff in error was sued by defendant in error on a promissory note for $67.50, made 1st March, 1861, by said Archer, with D. A. Smith as security, payable to said deceased. The plea was failure of consideration.
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Complaint. Evidence. Tried before Judge Cole. Macon Superior Court. March Term, 1867. Plaintiff in error was sued by defendant in error on a promissory note for $67.50, made 1st March, 1861, by said Archer, with D. A. Smith as security, payable to said deceased. The plea was failure of consideration. Upon the trial, after the note had been read in evidence, Archer proved by John M. Greer, that he was the administrator of said deceased, that deceased was the agent of D. H. Wilcox & Co., and as such agent, sold to Archer Phoenix guano, which was the consideration of said note. Archer then…
1Opinion of the CourtHarris, J.
The bill of exception alleges error in the circuit Judge, in refusing to allow him (defendant below,) to become, on his *108own motion, a witness in his own behalf to support his plea of failure of consideration. Until the act of the Legislature of 1866, parties were not authorized to give testimony in their own behalf, and by it only in certain circumstances. The question here is, could Archer be a witness as the case was situated. The facts are, that Carver, to whom the note was made payable, and of whom the purchase of the fertilizer was made, is dead, — that Greer, the plaintiff in the suit,…
2Cited by2 opinions
- Bigham v. ColemanSupreme Court of Georgia · 1883
- Brightwell v. JordanSupreme Court of Georgia · 1885