McGehee v. Jones
Supreme Court of Georgia
Party as Witness. Slave Note. Before Judge - Johnson. Muscogee Superior Court. November Term, 1870. Jones sued Elizabeth Hatcher, as executrix of Samuel Hatcher, and Allen C. McGehee, upon a promissory note for $1,500 00, made the 28th of January, 1860, due 1st November, 1860, by Porter Ingram, to Hatcher & McGehee, and by them endorsed in blank.
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Party as Witness. Slave Note. Before Judge - Johnson. Muscogee Superior Court. November Term, 1870. Jones sued Elizabeth Hatcher, as executrix of Samuel Hatcher, and Allen C. McGehee, upon a promissory note for $1,500 00, made the 28th of January, 1860, due 1st November, 1860, by Porter Ingram, to Hatcher & McGehee, and by them endorsed in blank. McGehee pleaded the general issue, that said Hatcher & McGehee was a firm, engaged solely in selling slaves, and that said endorsement was made outside of said business, without McGehee’s knowledge or consent, or subsequent ratification, and that the…
1Opinion of the CourtMcCAY, J.
We do not think this objection to the competency of the witness comes within the exception to the Evidence Act of 1866. The reason for excluding a party whose opponent is dead, is evidently because he cannot be confronted by the other party. In this case the witness is called to testify to facts occurring between him and the survivor of the partnership. The sole reason for the exception here fails. The party is living, with whom the contract was made, and is not only ready to confront his opponent, .but, as the fact is, he has been sworn. It would be unfair to admit McGehee and exclude Jones.…
2Cited by3 opinions
- McLendon v. BaldwinSupreme Court of Georgia · 1928
- Ford v. KennedySupreme Court of Georgia · 1880
- McCutchen v. Rice & Co.Mississippi Supreme Court · 1879