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2 D.C. 457

Knowles's Administratrix v. Stewart

Decided April 15, 1824

Assumpsit, by the payee against the drawer of the defendant’s inland bill on William Lee, and by him accepted, payable to the plaintiff or order. offered William Lee, the acceptor, as a witness to prove that the bill was drawn for the accommodation of the plaintiff, without any consideration as between him and the defendant; and cited Chitty on Bills, 528, Ed. 1821, Phila., in a note. objected that no party to a negotiable paper can be a witness to invalidate it, or rather…

Decided 1824-04-15

The Court(nem. cm. but Thruston, J., perhaps, doubting,)

¶1said that the doctrine of Walton v. Shelley, was overruled by Jordaine v. Lashbrooke, and this Court has followed the doctrine of the latter case.

¶2Mr. Turner then objected, that the witness was interested, for if the plaintiff recovers against the defendant, the defendant would have a right of action against the witness for the costs of this suit and the damages. t

¶3The Court thought this was a valid objection; but the defendant released the witness from'his liability for those, costs.

¶4Mr. Turner then objected, that the act of limitations would be a bar to the plaintiff’s action against the witness, the acceptor, if the plaintiff fails in the present action ; but it would be no bar to the action which this defendant might bring against the witness upon his acceptance, in case this defendant should be compelled in this suit to pay the money.

¶5But the Court overruled the objection, and permitted Mr. Lee to be sworn and examined.

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