Fox v. Whitney
Massachusetts Supreme Judicial Court
Assumpsit upon a- promissory note, dated March 21st, 1811, for 564 dollars, 54 cents, made by Moses Whitney, * the defendant’s intestate, and payable on demand [*119] with interest to Peter Fox, the plaintiff’s intestate, or his order. Trial upon the general issue before Putnam, J., April term, 1818. The defence was on the ground of usury.
1Opinion of the CourtParker, C. J.
The rule, by which' parties to notes are excluded from being witnesses, to discredit the security to which they have given currency, does not apply to the case before us. Such witnesses are excluded [*121] on the ground of policy, because * in fact their testimony goes to contradict their own acts. It applies only to the case of negotiable securities, as in Churchill vs. Suter, which has been cited.' There it was decided that he who gives or endorses a negotiable note, by which act he gives a currency and credit to it, shall not be permitted to disaffirm his own doings, by showing that *103the act…
2Cases cited2 opinions
- Nason v. ThatcherMassachusetts Supreme Judicial Court · 1811
- Sears v. DillinghamMassachusetts Supreme Judicial Court · 1815
3Cited by29 opinions
- Davis v. BrownSupreme Court of the United States · 1877
- Inhabitants of Worcester v. EatonMassachusetts Supreme Judicial Court · 1814
- Barker v. PrentissMassachusetts Supreme Judicial Court · 1810
- Churchill v. SuterMassachusetts Supreme Judicial Court · 1808
- Loker v. HaynesMassachusetts Supreme Judicial Court · 1814
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