1 Ala. 65 | Ala. | 1840
An exception, seems, from the bill of exceptions, to have been taken to the introduction of a letter to Lawrence, Keese & Co. of New York, but it either has not been sent up with the transcript, or its distinctive mark has been omitted. An examination of it cannot, therefore, be made.
As the adjudications on this subject are not satisfactory, let the
If then, the judgment which is obtained on the evidence of a partner will enure to his benefit when collected, by discharging him from the payment of a portion of a sum of which he otherwise might have been compelled to pay the whole ; it cannot be said that he has no interest in the suit, or that it is uncertain, doubtful, or contingent in the legal sense of these words. Whenever by operation of a judgment at law, without the act of the party, a debt or right of action will be extinguished or lessened*
We have preferred to rest our decision of this question on the reasons given, rather than on authorities which might have been cited ; we cannot, however, injustice omit the case of Purviance vs. Dryden [3 S. & R. 402] in which the Supreme Court of Pennsylvania arrived at the same conclusion on a similar state of facts. [See also McVorough vs. Goods, 1 Dall. 62; 2 Ib. 50.]
Our conclusion is that the witness Barry was incompetent, and ought not to have been permitted to testify.
It only remains to announce the result of our opinion, which is, that the judgment of the Circuit Court is reversed for the refusal to permit the defendant to read the letter and for allowing the witness Barry to testify. The cause is remanded for further proceedings.