Gray v. Garrison

<p>Appeal from the District Court of the Fourth Judicial District, County of San Francisco.</p> <p>The defendant, Garrison, on or about the 19th day of October, 1854, commenced suit in the Twelfth District Court, against Elias L. Beard and others, for the purpose of foreclosing a mortgage made by said Beard and one Hopkins to the said Garrison, on certain property of Beard and Hopkins in the city of San Francisco. Samuel M. Bowman was made a party defendant in said action, on the ground that he was a judgment-creditor of said Beard’s to the amount of $2,514 60, and that such judgment was a lien upon the mortgaged premises. Bowman filed his answer, setting up various grounds of defence. Subsequently, Joseph B. Crockett, acting as the attorney of Garrison, agreed with Bowman to pay him $1,250 if he would sign certain stipulations expediting the trial of the case, waiving a jury, and also waiving the defence set up in his answer. Bowman did sign the stipulation to that effect, and. afterwards, Garrison ratified the agreement and promised Bowman to pay the amount.</p> <p>On the 6th day of May, 1856, Bowman assigned the demand to the plaintiff by an instrument in writing attached to the complaint in this cause.</p> <p>On the trial, the plaintiff offered as a witness, the assignor, Bowman. Defendant objected to the witness on the ground of incompetency, as being the assignor. The objection was sustained by the Court, and Bowman was not allowed to testify. To which ruling of the Court plaintiff excepted. Defendant had judgment. Plaintiff moved for a new trial, which was denied, and plaintiff appealed to this Court.</p>