Dobson v. Dickson
Supreme Court of Georgia
Witness. Statute of limitations. New promise. Evidence. Before Judge Hall. Newton Superior Court. September Term, 1878. On August 27, 1877, Hobson brought complaint against Hickson as administrator of Havid Dickson, deceased, on a note under seal, dated February 18, 1848, payable one day after date, to Josiah Dickson, or bearer, for $8,788.75. On the note were credits as follows: December 2, 1848, $60.00; January 18,1850, $40.43; April 18,1860, $100.00; May 6, 1860, $460.00;…
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Witness. Statute of limitations. New promise. Evidence. Before Judge Hall. Newton Superior Court. September Term, 1878. On August 27, 1877, Hobson brought complaint against Hickson as administrator of Havid Dickson, deceased, on a note under seal, dated February 18, 1848, payable one day after date, to Josiah Dickson, or bearer, for $8,788.75. On the note were credits as follows: December 2, 1848, $60.00; January 18,1850, $40.43; April 18,1860, $100.00; May 6, 1860, $460.00; July 23, 1869, $1,000.00; May 1, 1870, $3.30; May 1, 1871, $500.00. The defendant pleaded the general issue, the…
1Opinion of the Court
Bleckley, Justice.
1. There was no material fact in the rejected testimony of the plaintiff (whose interrogatories were excluded on the ground that the other party was dead) except as to what the deceased had done, or spoken, or written. Was the plaintiff competent to prove these things It is said that because his information was acquired before he purchased the note and while he was wholly disinterested, he was competent — that a subsequent interest, and his being a party to the suit, would not disqualify him. Surely this position is not tenable. If a person voluntarily destroys his…
2Cases cited1 opinion
- Sedgwick v. GerdingSupreme Court of Georgia · 1875
3Cited by6 opinions
- Pendley v. PowersSupreme Court of Georgia · 1907
- Watkins v. HarrisSupreme Court of Georgia · 1889
- Slack v. SextonSupreme Court of Georgia · 1901
- Green v. JuhanSupreme Court of Georgia · 1881
- Brandon v. PritchettSupreme Court of Georgia · 1906
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