Harrold v. Smith

Mrs. Smith sued Harrold in the county court, on a promissory note. The defendant filed a plea of payment. At the trial the plaintiff introduced’ the note sued on, and closed. The defendant then offered to testify that he had paid the note in full to Lumpkin, one of the partners of the firm of Smith & Lumpkin, to whom the debt was originally due; and who held the note for collection. The plaintiff objected to this testimony, on the'ground that Lumpkin was an insane person. The objection was sustained, and the witness was then withdrawn. A witness for the defendant testified that he saw the…