¶1delivered the opinion of the Court.
¶2We are of opinion that tne Circuit Court was right in excluding the witness, and that one maker of a note can-pot be introduced by another, to invalidate the instrument.
¶3Let the judgement be affirmed.
1 Stew. 139
Ross v. Wells
Decided January 15, 1827
Supreme Court of Alabama · decided 1827-01-15
Assumpsit in the Circuit Court of Wilcox county, by Wells against Ross and wife on a promissory note made by Mrs Ross, while sole and William J. M‘ Carro 11 payable to Wells. The writ iss ied against Ross and wife and M1 Carroll jointly, not being executed on M'Carroll, the suit was discontinued as to him. Issues on the pleas of non assumpsit, failure of consideration and fraud in obtaining the note. Verdict and judgement for the plaintiff.
Decided 1827-01-15