Hall v. Rixey

Citations

• 84 Va. 790
• 6 S.E. 215
• 1888 Va. LEXIS 143

Syllabus

<p>1. Witnesses—Competency.—One who is not party to the contract or transaction which is the subject of investigation, is competent to testify, though one of the original parties to such contract or transaction is dead or for other causes incompetent, and for that reason the other party is incompetent to testify. Simmons v. Simmons, 38 Gratt., 451.</p> <p>2. Idem—Subject of investigation.—In a suit by assignee against his assignor on recourse, the subject of investigation is the assignment whereon the claim is based, and not the communications between the deceased assignor and the assignee’s attorney,' wherein the former directed the latter not to sue on the assigned claims; said attorney is competent to testify to said communications. Wager v. Barbour, ante, p. 419.</p> <p>3. Assignor and Assignee—Dae diligence—Waiver—Parol.—The rule that upon assignment of bond, assignee will use due diligence to collect it from obligor, in order to hold assignor liable on recourse, is intended for his benefit, and he may waive it, and such waiver may be proved by parol, and he will be liable to assignee, though the debt be lost by reason of failure to use due diligence.</p> <p>4. Attorneys—Privileged communications.—Communications by assignor to attorney of assignee are not privileged where attorney was acting for his client.</p>