Howard v. Brown
Supreme Court of Georgia
Assumpsit. From Wilkes Superior Court. Tried on the ap_peal. Before Judge Sayre. September Term, 1847. The plaintiff on the trial in the Court below, produced in evidence the note declared on, which was for $2000 principal, dated 28th July, 1840, due by the first of January thereafter, made by Story & Pratt, payable to the order of Luke J. Morgan, defendant’s intestate, and indorsed by him and the plaintiff Howard and Addison Pratt.
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Assumpsit. From Wilkes Superior Court. Tried on the ap_peal. Before Judge Sayre. September Term, 1847. The plaintiff on the trial in the Court below, produced in evidence the note declared on, which was for $2000 principal, dated 28th July, 1840, due by the first of January thereafter, made by Story & Pratt, payable to the order of Luke J. Morgan, defendant’s intestate, and indorsed by him and the plaintiff Howard and Addison Pratt. The plaintiff also produced the record of a judgment upon said note from Bibb Superior Court, in favour of the Central Bank against him as the second indorser,…
1Opinion of the Court
*527 By the Court.
Warner, J.,
delivering the opinion.
The first exception taken to the decision of the Court below is, to the admission of the testimony of John H. Morgan, who was offered as a witness on the part of the defendant.
The true test of the interest of the witness is, that he will [1.] either gain or lose by the direct and legal operation and effect of the judgment, or that the record will be legal evidence for or against him in some other action. It must be a present, certain, and vested interest, ,and not an interest uncertain, remote, or contingent. And if the interest be of a doubtful…
2Cited by9 opinions
- Thomas v. ClarksonSupreme Court of Georgia · 1906
- McMillan v. Heard National BankCourt of Appeals of Georgia · 1917
- Sally v. Bank of UnionSupreme Court of Georgia · 1920
- Overstreet v. W. T. Rawleigh Co. Inc.Court of Appeals of Georgia · 1947
- Cone v. American Surety Co.Court of Appeals of Georgia · 1923
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