Public-domain · open source
OpenJurist

3 Pennyp. 207

Hoskinson v. Miller

Pennsylvania Court of Common Pleas, Greene County · decided 1883-10-03

Debt by A. B. Miller, treasurer of the trustees of the Pennsylvania Synod, against Nathaniel Clark, Thomas Hoskinson, and Timothy W. Boss, upon a note in the following form: “500.00.

Decided 1883-10-03

Per Curiam :

¶1Clark was not a party in the issue being tried. He was not interested in the result. As to him, the judgment had become final nine months before he was offered as a witness. His liability was fixed absolutely. The defense set up by the plaintiffs in error was personal as to the sureties. It did not raise the question of consideration or original disability on the note. The makers of the note were jointly and severally bound. The witness testified voluntarily to rebut a presumption which the sureties sought to raise from the payment of interest by the witness. The defense of *211the sureties being purely personal, the witness was competent for the plaintiffs below: Talmage v. Burlingame, 9 Barr, 21; Simpson’s Executor v. Bovard, 24 P. F. Smith, 351; Good v. Calvert, 1 Pennypacker, 140. It is very doubtful whether the receipt unexplained could have operated to the injury of the sureties.

¶2Judgment affirmed.

/3/pennyp/207 · .json · Public domain