Parsons v. Phipps
Texas Supreme Court
Appeal from Galveston. Parsons sued Phipps and Innes on a draft drawn by Phipps on lunes in favor of Parsons, and accepted. One term of court had passed after the. maturity of the draft before the suit was commenced. There was a verdict and judgment for the plaintiff,, against Innes the acceptor and against, the plaintiff, in favor of Phipps, the drawer.
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Appeal from Galveston. Parsons sued Phipps and Innes on a draft drawn by Phipps on lunes in favor of Parsons, and accepted. One term of court had passed after the. maturity of the draft before the suit was commenced. There was a verdict and judgment for the plaintiff,, against Innes the acceptor and against, the plaintiff, in favor of Phipps, the drawer. It appeared from a bill of exeepiions that on (lie trial the plaintiff called Innes as a witness, who made no objection to testify, and proposed to prove by him that the draft upon which the suit was founded had been accepted by'1111X1 merely…
1Opinion of the CourtLipscomb, J.
We propose to discuss the objections to the competency of tlie witness offered and rejected in the court below, first, on the ground of interest in tlie result of tlie suit, and, secondly, on the ground of his being on. the bill sued on as acceptor.
The first will be subdivided, first, on the interest of the witness as acceptor of the bill, and, secondly, his being a party on tlie record in the suit.
On the first I cannot perceive any interest in tlie result of the suit that could go to his disqualification as a witness. As acceptor lie was liable on the hill, under any circumstances that did…
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- de la Garza v. BoothTexas Supreme Court · 1866
- Griswold v. ChandlerTexas Supreme Court · 1859
- Kuo Kung Ko v. Pin Ya Chin, Texas Court of Appeals, 14th District (Houston)1996
- Mooney v. Producers Grain Corp.Court of Appeals of Texas · 1975
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