Harris v. Bank of Jacksonville & Maxfield & Co.

Citations

• 22 Fla. 501

Syllabus

<p>1. A party to an action cannot be examined as a witness in his own behalf concerning “a transaction or communication” had with a party deceased at the time of such examination, against the “assignee” of the deceased person, although one jointly interested with and represented by the deceased, yet not in fact participating in the transaction, still survive, unless such assignee be examined in his own behalf as to such transaction, or the testimony of the deceased person concerning it be given in evidence.</p> <p>2. H. P. R. &Bro., drew a bill of exchange upon J. A. H., addressed to J. A. H., Oitra, Florida, and payable to their own order. J. A. H. accepted it. The negotiations as to and resulting in the acceptance were between J. A. H. and O. F. R., a member of the partnership of H. P. R. & Bro., the other member of the firm, H. P. R., not in fact participating therein. H. P. R. & Bro. endorsed the bill before its maturity to the Bank of Jacksonville for value and without notice, and after this O. F. R. died. In a suit in equity subsequently instituted by J. A. H., to compel the surrender of a draft which had been given by him to the bank in exchange for such bill of exchange, upon the ground that his acceptance, which he claimed was simply, “Accepted, James A. Harris,” had been materially altered by writing over it and across the face of the bill.the words “Payable at the Metropolitan National Bank, New York City,” Harris being under examination as a witness in his own behalf, offered to testify that the words “Payable, &e.,” were added after he had accepted it and without his authority : Held, That though C. F. R. was not solely interested, but acted in behalf of a partner as well as himself, yet the acceptance was a transaction between J. A. H. and a person “deceased” at the time of such examination, as to the alteration of which J. A. H. could not, under the act of 1874, sec. 24, page 518, McC.’s Dig., testify in his own behalf against the bank.</p> <p>3. If t