Soule v. Dawes
California Supreme Court Jul 1, 1856Published
Before: Terry
Synopsis
An endorser of a note is incompetent as a witness to establish the lien of a holder of the note upon the property of the maker, being directly interested to have the lien established.
It seems that errors in the rulings of the Court below will be reviewed on appeal, although no motion for a new trial is made or overruled.
The opinion of the Court was delivered by Mr. Justice Terry. Mr. Chief Justice Murray concurred.
The witness, Howard, being responsible to the plaintiffs as endorser of the note sued on, had a direct interest in establishing a lien upon the property of the defendants; he was therefore an incompetent witness for that purpose.
Judgment reversed and cause remanded.
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