First National Bank v. Gerli

Citations

• 225 Pa. 256
• 74 A. 52
• 1909 Pa. LEXIS 645

Syllabus

<p>Evidence — Competency of witness — Party dead — Promissory note.</p> <p>1. In an action by a bank on a promissory note against the administrator of the indorser who was also the payee, the maker of the note who while cashier of the plaintiff had discounted the note and passed the proceeds to his own credit, although on the face of the note they should have been passed to the payee’s credit, will not be permitted to give testimony, the effect of which would be to relieve himself from liability to the payee’s estate.</p> <p>2. Under clause e, sec. 5, of the Act of May 23, 1887, P. L. 158, it is the adverse interest of a witness and not his adverse testimony that disqualifies him.</p> <p>3. Clause e, sec. 5, of the act does not render one incompetent who may be a surviving or remaining party to a thing or contract unless his interest is adverse to the right of a deceased party. Adverse interest existing at the time a witness is called to testify is the test of his competency.</p>