1 Ala. 371 | Ala. | 1840
— The general principle on which the. competency of admissions as evidence rests; is, the interest which the party making them has in the suit, or its subject matter. From -this it would seem that the admissions of one who
This decision, then, was merely that the admission of the plaintiff of record, was proper evidence to show the actual interest in the suit was in another, whose admissions ought then to have b'een allowed to control the case. This case evidently does not warrant the conclusion, that the admission of the plaintiff on the record, will be allowed to control the case against the interest of the actual plaintiff, after that interest is disclosed. Indeed, the reverse of the principle laid down by Mr. Starkie was ruled in the case of Cowling v. Ely (2 Star, cases 366) where it was held that the admission of a guardian who was the plaintiff on the record, was not evidence against the infant.
Although this action is brought in the name of Chisholm, yet, the admission is made in the record that the interest in the suit is in Bigelow & Co. If it be said that this interest is only equitable, it may be answered that courts of law now recognize and protect the rights of an equitable assignee, and will not give effect to a release procured from the assignor after notice of the equitable assignment; or allow a satisfaction made to him.— Welch v. Mendeville, (Wheat. 233) Littlefield v. Story, (3 John. 426) Legh v. Legh, (1 B. & P. 447) Raymond v. Squire, (11 John 47) McCullum v. Coxe, (2 Dall. 139.)
To refuse to permit a nominal plaintiff to enter satisfaction, or
The Supreme Court of New York in the case of Frier v. Evertson [20 John. 142] decided the precise question now raised and the influence of this case confirms us in the conclusion that the evidence was improperly admitted.
The other question is not very distinctly presented by the facts shown on the record, we therefore decline considering it, the more especially as the conclusion already arrived at will reverse the judgment and give the parties the opportunity to present the facts more fully, before a determination can properly be made, whether the note wasgvoid or voidable only in consequence of the illegality or the failure of the consideration.
Let the judgment be reversed and the case remanded.