3 Mass. 29 | Mass. | 1807
The opinion of the Court was afterwards delivered by
As the plaintiffs, in their declaration
There does not appear to be any weight in the second objection. The rule that a man shall not be permitted to invalidate his own endorsement, is confined to negotiable securities ; and in those cases he may, if not interested, testify to any facts excepting such as may prove the security void at the time of his endorsement
We are all satisfied that he was rightly admitted as a witness, and that judgment must be entered according to the verdict
One count in the declaration charged the goods as sold “ by the agency of Lewis Glover."
[ Worcester vs. Eaton, 11 Mass. 368.—Loker vs. Haynes, 11 Mass. 498.—Hill vs. Payson, post, 559.—Bridge vs. Eggleston, 14 Mass. 245.—But quzere whether it te not most conformable to the rules of evidence to admit the witnesses in both cases. The distinction does not seem to be sound.—Ed.]
[New York State Co. vs. Osgood, 11 Mass. 60.—Morland vs. Jefferson & Al., 2 Pick. 240.—Ed.]