Williams v. Bugbee

<p>The indorser of a note being called as a witness by the holder in an action thereon against the maker, and having stated on his voir dire, that he sold the note for less than half the sum due thereon, for the purpose of becoming a witness; that if the plaintiff prevailed, and recovered the full amount of the note, he expected the plaintiff would make him some allowance, though there was no such agreement between them; and that if the plaintiff should not prevail, he should proba/bly make some return of the money received by him, though he did not consider himself under any legal liability to that effect; the witness was held to be competent.</p> <p>Where the maker of a promissory note, payable to two persons jointly, after being discharged in insolvency, made a note to each of the payees for one half of the amount of the joint note, as a substitute therefor, but bearing the same date, and received the latter in exchange; it was held, that if the joint note was a valid and subsisting note at the time, an action might be maintained on each of the substituted notes against the maker, notwithstanding his discharge.</p>