Perry v. Hodnett
Supreme Court of Georgia
Complaint. Novation. Tried by Judge Vasoh. Calhoun Superior Court. March Term, 1868. This action was bottomed upon the following promissory note: $3,745 00. Twelve months after date we, or either of us, promise to pay James W. Powell, or bearer, the sum of thirty-seven hundred and fifty dollars, for value received, and if not punctually paid, interest from date. Dec’r 2nd, 1859. ROBERT WHITE, W. H. HODNETT. Endorsed “J. W. Rowell.”
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Complaint. Novation. Tried by Judge Vasoh. Calhoun Superior Court. March Term, 1868. This action was bottomed upon the following promissory note: $3,745 00. Twelve months after date we, or either of us, promise to pay James W. Powell, or bearer, the sum of thirty-seven hundred and fifty dollars, for value received, and if not punctually paid, interest from date. Dec’r 2nd, 1859. ROBERT WHITE, W. H. HODNETT. Endorsed “J. W. Rowell.” Plaintiff had judgment against the makers and endorser. Subsequently, Hodnett appeared, and showed that be was absent in the army when said judgment was entered,…
1Opinion of the CourtBrown, C. J.
The main .question in this case, is whether Hodnett, the defendant, was a competent witness under the Act of 1866, to prove that he was not interested in the original consideration for which the note was given, and was, in fact, only a surety.
The statute declares, that no person offered as a witness shall be excluded by reason of incapacity from crime or interest, or from being a party, from giving evidence, etc. To this general rule, there are certain exceptions, of which the following is the only one that bears upon this case. Its language is:
1. “When one of the original partieá to .the…
2Cited by2 opinions
- Graham v. ShephardTennessee Supreme Court · 1916
- Powell v. PerrySupreme Court of Georgia · 1879