Houston v. Prewitt
Supreme Court of Alabama
Error to the Circuit Court of Mobile. Assumpsit by the intestate of plaintiff in error, as bearer of two bills of exchange against the defendant, as drawer and acceptor of two bills of exchange, which are in the usual form, except that no pei’son is mentioned in the bills to whom the money is payable. The declaration contains two counts in the usual form, and also the common counts.
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Error to the Circuit Court of Mobile. Assumpsit by the intestate of plaintiff in error, as bearer of two bills of exchange against the defendant, as drawer and acceptor of two bills of exchange, which are in the usual form, except that no pei’son is mentioned in the bills to whom the money is payable. The declaration contains two counts in the usual form, and also the common counts. The plaintiff introduced the bills of exchange, and offered to introduce Patrick O’Neil as a witness, he being a certificated bankrupt. The defendant objected that he was incompetent, being interested in the event…
1Opinion of the CourtOrmond, J.
If the plaintiff, and his intestate, are to be considered as scheduled creditors of the witness, then it appears to us, the principle of the case of Cromwell & Johnson v. Comegys, 7 Ala. Rep. 498 would apply to this case, because the payment of that debt, which would be the consequence of a successful prosecution of this suit, would relieve his estate from paying it, and thus increase the surplus by that amount, for which purpose he would not, on the authority of the case cited, be competent.
Further, on grounds of public policy, we think he is incompetent to testify. The consideration upon…
2Cases cited1 opinion
- Cromwell v. ComegysSupreme Court of Alabama · 1845
3Cited by8 opinions
- Louis's Administrator v. EastonSupreme Court of Alabama · 1874
- Kirksey v. DuboseSupreme Court of Alabama · 1851
- Scales v. Desha, Sheppard & Co.Supreme Court of Alabama · 1849
- Clifton v. SharpeSupreme Court of Alabama · 1849
- Locke v. NolandSupreme Court of Alabama · 1847
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