Cole v. Gardner

Citations

• 67 Miss. 670

Syllabus

<p>1. Estate op Decedent. Witness. Code 1880, § 1602. Foundation for secondary evidence.</p> <p>Even as against the estate of a decedent, a party in interest asserting a claim or defense may testify to the loss of a writing in laying the foundation for the introduction of secondary evidence to prove its contents. Harper v. Lacey, 62 Miss. 5.</p> <p>2. Same. Suit by assignee of deceased payee. Maher competent witness.</p> <p>In a suit against the maker of a note by an assignee of the deceased payee, the defendant is a competent witness to prove payment to the payee before the transfer. Love v. Stone, 56 Miss. 449 ; Combs v. Blach, 62 lb. 831.</p>