Gayle v. Bishop
Supreme Court of Alabama
Error to the Circuit Court of Dallas. Before the Hon. E. Pickens. Debt, by the defendant in error, on a promissory note for $162, dated January 6th, 1842, payable 25th December, after, signed by the plaintiff in error, H. Boxley, and J. M. Hendricks. Pleas, nil debet and non est factum.
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Error to the Circuit Court of Dallas. Before the Hon. E. Pickens. Debt, by the defendant in error, on a promissory note for $162, dated January 6th, 1842, payable 25th December, after, signed by the plaintiff in error, H. Boxley, and J. M. Hendricks. Pleas, nil debet and non est factum. Upon the trial, as appears from a bill of exceptions, the plaintiff called Boxley, the principal in the note, as a witness, to prove that he signed the name of the defendant to the note by his authority. Being examined on his voir dire, he stated, that he only testified by legal compulsion. That he considered…
1Opinion of the CourtChilton, J.
1. The witness, Boxley, was introduced on behalf of the plaintiff below, to prove a liability upon his surety; and it appears he had previously deposited with his surety corn sufficient to indemnify him against such liability. If the witness had any interest, it is manifest his interest was adverse to the party who introduced him; for if. by his testimony, he could have defeated a recovery on the part of the plaintiff, he could then have recovered back the amount he had deposited with the defendant, Gayle, as a payment upon said liability, and relieved himself from the cost which his security…
2Cases cited8 opinions
- People v. MatherNew York Supreme Court · 1830
- Law v. MerrillsCourt for the Trial of Impeachments and Correction of Errors · 1830
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- Bean v. PearsallSupreme Court of Alabama · 1847
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3Cited by12 opinions
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