Cole v. Gardner
Mississippi Supreme Court
Cole v. Gardner, 67 Miss. 670 (Miss. 1890)
Campbell
Cole v. Gardner
Opinion of the Court
delivered the opinion of the court.
The defendant, if incompetent as a witness to testify fully, was certainly competent to lay the foundation for evidence of the contents of the receipt alleged to have been lost. Harper v. Lacey, 62 Miss. 5.
But he was competent as a witness to testify to his defense. Love v. Stone, 56 Miss. 449; Combs v. Black, 62 Ib. 831.
Reversed and remanded.
Reference
- Full Case Name
- W. J. Cole v. M. R. Gardner
- Cited By
- 4 cases
- Status
- Published
- Syllabus
- 1. Estate op Decedent. Witness. Code 1880, § 1602. Foundation for secondary evidence. Even as against the estate of a decedent, a party in interest asserting a claim or defense may testify to the loss of a writing in laying the foundation for the introduction of secondary evidence to prove its contents. Harper v. Lacey, 62 Miss. 5. 2. Same. Suit by assignee of deceased payee. Maher competent witness. In a suit against the maker of a note by an assignee of the deceased payee, the defendant is a competent witness to prove payment to the payee before the transfer. Love v. Stone, 56 Miss. 449 ; Combs v. Blach, 62 lb. 831.