Alexander v. Dutcher

Learned, P. J.:

This was an action by the executrix of Andrew Alexander against the maker, Philip Duteher, and the several indorsers, House, Jerome B. Duteher and Charles Duteher, of a promissory note. Philip Duteher answered separately. The other defendants put in a joint and several answer. On the trial House was sworn as a witness and, on behalf of Philip Duteher, the maker, only, he was asked: Were you in the habit of borrowing money from Andrew Alexander from time to time ? The plaintiff objected, that this was a transaction between the witness and a deceased person, and the testimony was…