Griffing v. Harris
Supreme Court of Alabama
Error to the Circuit court of Mobile. Assumpsit on a note — tried by Hams> J. The defendant in error, as the endorsee of a promissory note, declared against the plaintiff, (as the endorser,) in the Circuit court of Mobile. The case was tried on the general issue.
Read the full summary
Error to the Circuit court of Mobile. Assumpsit on a note — tried by Hams> J. The defendant in error, as the endorsee of a promissory note, declared against the plaintiff, (as the endorser,) in the Circuit court of Mobile. The case was tried on the general issue. On the trial, the plaintiff in error proposed to prove by the maker of the note, that at the time the note and endorsement were made, the defendant had in his possession some valuable papers and documents, which were the property of the witness; and that he gave the note, with the plaintiff’s endorsement as security, to the…
1Opinion of the CourtCollier, C. J.
It is difficult to conceive for what cause the evidence of the maker of the note was excluded, in an action against the endorser: surely not because he was interested in the event of the suit, for it was entirely immaterial to him what judgment the court rendered. If the endorsee was unsuccessful, he might immediately resort to the maker, who could not set up in his defence, the verdict and judgment in favor of the endorser. So, if the endorsee were to recover of the endorser, the latter might directly charge the maker; and, in either event, the interest of the witness would be balanced.
There…
2Cited by3 opinions
- Rhodes v. SherrodSupreme Court of Alabama · 1846
- Commercial Bank v. WhiteheadSupreme Court of Alabama · 1843
- Richards v. MarshmanSupreme Court of Iowa · 1849