Cole v. Gardner
Mississippi Supreme Court
From the circuit court of Lee county. Hon. Look E. Houston, Judge. The appellant, Cole, being indebted to W. H. Gardner, executed and delivered to him a note, which he afterwards endorsed and transferred to M. E. Gardner. After the death of W. H. Gardner this suit was brought on said note by the assignee, M. E. Gardner, and the defendant pleaded payment.
Read the full summary
From the circuit court of Lee county. Hon. Look E. Houston, Judge. The appellant, Cole, being indebted to W. H. Gardner, executed and delivered to him a note, which he afterwards endorsed and transferred to M. E. Gardner. After the death of W. H. Gardner this suit was brought on said note by the assignee, M. E. Gardner, and the defendant pleaded payment. On the trial of the case the defendant, Cole, was offered as a witness to prove that he had paid the note to the said W. H. Gardner before his death and before the transfer to M. E. Gardner, the plaintiff, who sued in her own right as holder…
1Opinion of the CourtCampbell, J.
The defendant, if incompetent as a witness to testify fully, was certainly competent to lay the foundation for evidence of the contents of the receipt alleged to have been lost. Harper v. Lacey, 62 Miss. 5.
But he was competent as a witness to testify to his defense. Love v. Stone, 56 Miss. 449; Combs v. Black, 62 Ib. 831.
Reversed and remanded.
2Cases cited2 opinions
- Love v. StoneMississippi Supreme Court · 1879
- Harper v. LaceyMississippi Supreme Court · 1884
3Cited by4 opinions
- Shepherd Et Ux. v. JohnstonMississippi Supreme Court · 1947
- Garner v. TownesMississippi Supreme Court · 1924
- Baldridge v. StriblingMississippi Supreme Court · 1911
- Townsend v. KennardMississippi Supreme Court · 1886