Cushman v. Loker
Massachusetts Supreme Judicial Court
This was an action of assumpsit for money had and received, which was tried before Sewatt, J., at an adjourned session in December last, when a verdict was rendered for the defendant.
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This was an action of assumpsit for money had and received, which was tried before Sewatt, J., at an adjourned session in December last, when a verdict was rendered for the defendant. It appeared in evidence, on the part of the plaintiff, that he' had a note against one Willington, on which there was due to the plaintiff, from W., the sum of 89 dollars — cents; that the plaintiff delivered said note to one Clement Smith, to collect the sum due thereon for his, the plaintiff’s, use. The note, not appearing to be endorsed by the plaintiff, came into the hands of Loker, the defendant, who…
1Opinion of the Court
The Court.
It is now settled that nothing short of a conviction on an indictment for crimen falsi, and a judgment on the conviction, or a direct interest in the event of a cause, is a sufficient objection to the competency of a witness. Where the witness is in every event liable, and his testimony is to determine to wffiich of the par-lies he shall be liable, he is a competent witness. (a)
As between these parties, Smith was Cushman’s agent to receive from W. the money due on the note. (b) He received from Loker the value of the note in cattle, and delivered him the note. Smith appears to have…
2Cited by13 opinions
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- Armstrong v. GilchristNew York Supreme Court · 1800
- Hensley-Johnson v. Citizens Nat. Bank of BellflowerCalifornia Court of Appeal · 1953
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