Hayden v. McKnight

Montgomery, Judge.

This was a suit on a note given for $1,350, dated February 13th, 1860, and payable December 21st after date, signed by S. R. Weems, as maker and Benjamin McKnight, as indorser. The maker having produced in Court his certificate of discharge in bankruptcy, an order was taken dismissing him from the case.

He was then offered by his late co-defendant as a witness to prove that the intestate of plaintiff, who was the payee of the note had, in his lifetime, granted him indulgence for a valuable consideration. Plaintiff objected to the witness on the ground that his intestate, one…