67 Miss. 670
Decided April 15, 1890
Mississippi Supreme Court · decided 1890-04-15
From the circuit court of Lee county. Hon. Look E. Houston, Judge. The appellant, Cole, being indebted to W. H. Gardner, executed and delivered to him a note, which he afterwards endorsed and transferred to M. E. Gardner. After the death of W. H. Gardner this suit was brought on said note by the assignee, M. E. Gardner, and the defendant pleaded payment.
Relies on Love v. Stone · Harper v. Lacey
Good law ✅— No negative treatment on recordhow we know
Decided 1890-04-15
Cited by 4 later decisions — most recently January 1947
4 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
View the full empirical analysis of this case →
¶1delivered the opinion of the court.
¶2The defendant, if incompetent as a witness to testify fully, was certainly competent to lay the foundation for evidence of the contents of the receipt alleged to have been lost. Harper v. Lacey, 62 Miss. 5.
¶3But he was competent as a witness to testify to his defense. Love v. Stone, 56 Miss. 449; Combs v. Black, 62 Ib. 831.
¶4Reversed and remanded.