Shepard v. Parker
Supreme Judicial Court of Maine
Exceptions by defendant. Overruled. Action on a promissory note to which the defendant pleaded that the statute of limitations was a bar after six years — although the note appeared to have been witnessed by the wife of the payee.
1Opinion of the CourtWiswell, C. J.
The only question presented by the exceptions is, whether the wife of the payee of a promissory note may be an attesting witness to the signature of the maker, so that the statutory limitation of six years will not apply to an action on such note.
We think that the only requirement as to the competency of such an attesting witness is, that the witness must be one who at the time of the attestation, is competent to testify in court in regard to the subject matter thereof. By R. S., c. 82, § 93, the husband or wife of a party to an action may be a witness in court in such action. The statute has…
2Cases cited1 opinion
- Jenkins v. DawesMassachusetts Supreme Judicial Court · 1874