3 Mass. 27 | Mass. | 1807
In the trial of this cause, the judges rejected Hunting as a witness; and whether he was a competent witness [ * 28 ] * is the question now for the decision of the Court. The general objections to the competency of a witness arise either from infamy or interest. There is no imputation on Hunting’s character; and the defendant’s release discharges him from all interest in the event of this suit.
In actions on negotiable securities, an objection lies against a party to the security being received as a witness. And this objection is supported by the case of Walton vs. Shelley
In this case, Hunting is offered to prove that, after the negotiation of the note to the plaintiff", and before it was payable, he paid the plaintiff fifty dollars, and gave him his note for the balance. These are facts which are consistent with the good faith of the witness His testimony would establish the validity of the note, when the plaintiff received it, and would not destroy it; and as he had no
1 Term R. 30
v Term R. 601.
1 Esp. Rep. 208