Jones v. Cooprider
Indiana Supreme Court
ERROR to the Harrison Circuit Court. — Debt upon a sealed note for the payment of money. Ple.a, nonest factum. S'ift^. liter. The attesting witnesses were non-residents. It was prq' ed that one lived in Missouri, the other in Louisiana. Upon proof of their hand-wriling the note was received in evidence, and the plaintiff had a verdict andjudgment.
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ERROR to the Harrison Circuit Court. — Debt upon a sealed note for the payment of money. Ple.a, nonest factum. S'ift^. liter. The attesting witnesses were non-residents. It was prq' ed that one lived in Missouri, the other in Louisiana. Upon proof of their hand-wriling the note was received in evidence, and the plaintiff had a verdict andjudgment. Afterwards, upon the motion of the defendant, the Court below granted him a new trial, on the ground that proof of the hand-writing of the attesting witnesses had been improperly admitted. Upon the second trial that testimony was rejected, and, of…
1Opinion of the CourtBlackford, J.
The granting of the new trial is assigned for error; and, consequently, it becomes our duty to inquire into the legality of the evidence, for the supposed illegal admission of which, the first verdict in this case was set aside. It has frequently been determined, not only in England, but in several of the United States, that where the subscribing witnesses to an obligation are dead, or residents of a foreign country beyond sea, proof of their hand-writing is sufficient to authorize the admission of the obligation in evidence. But whether such testimony can be received where the witnesses…
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