Nicholson v. James & Patton

Decided April 15, 1819

Action by the payee against James and Robert Patton, as drawers of a foreign bill of exchange, drawn in the name of James alone, and protested for non-payment. Robert, offered to examine the defendant James as a witness for Robert, upon the issue joined for him, judgment having been rendered against James by default, and the same jury having been sworn to assess the damages as to James at the same time. The general rule is, that a party cannot be a witness.

Decided 1819-04-15

¶1But

the Court(Cranch, C. J., contra,)

¶2said it was not necessary that the plaintiff should prove that averment.

¶3The Court,

(Thruston, J., absent,)

¶4at the prayer of the counsel for the defendant, Robert, instructed the jury that in order to charge the defendant, Robert, in this action, it is incumbent on the plaintiff to prove that James and Robert carried on business under the name and firm of James Patton; and that this bill, on its face, purports to be the sole bill of James.