Rhodes v. Sherrod
Supreme Court of Alabama
Writ of Error to the Circuit Court of Tuscaloosa county. The suit is by Sherrod, against Rhodes, and the declaration contains counts on three bills of exchange, as well as the common counts. The bills are described as having the following parties, to wit: the first, Rhodes as drawer, A. S. Christian as first indorser, for $6,034 67. The second, drawn by A. S. Christian; James T. Sykes as first, and Rhodes as second indorser; for $6,034 66. The third, drawn by Jas.
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Writ of Error to the Circuit Court of Tuscaloosa county. The suit is by Sherrod, against Rhodes, and the declaration contains counts on three bills of exchange, as well as the common counts. The bills are described as having the following parties, to wit: the first, Rhodes as drawer, A. S. Christian as first indorser, for $6,034 67. The second, drawn by A. S. Christian; James T. Sykes as first, and Rhodes as second indorser; for $6,034 66. The third, drawn by Jas. T. Sykes, with Rhodes as first indorser, for $6,034 67. All of these bills were likewise indorsed by Sherrod, and accepted by…
1Opinion of the CourtGoldth Waite, J.
1. The competency of Mr. Deshler as a witness, is the samo, whether he or the Rail Road Company is considered as the acceptor of the bills of exchange, as the general rule, when the action is directly upon the bill or note, is, that the acceptor or maker is a competent witness for or against any other party. [Cowan & Hill’s Notes, 132; Griffing v. Harris, 9 Porter, 225.] And it seems to follow, that he is so when the suit is a collateral one. One exception is, when the acceptor or maker will be responsible, as well for the costs of the suit in which he is called as a witness, as for the…
2Cases cited4 opinions
- Sherrod v. RhodesSupreme Court of Alabama · 1843
- Toulmin v. LesesneSupreme Court of Alabama · 1841
- Commercial Bank v. WhiteheadSupreme Court of Alabama · 1843
- Griffing v. HarrisSupreme Court of Alabama · 1839
3Cited by4 opinions
- Gerhauser v. North British & Mercantile InsuranceNevada Supreme Court · 1871
- Partridge v. ForsythSupreme Court of Alabama · 1856
- Tompkins v. StateSupreme Court of Alabama · 1858
- Marston v. RoweSupreme Court of Alabama · 1869