Lincoln Avenue & Niles Center Gravel Road Co. v. Madaus

Citations

• 102 Ill. 417
• 1882 Ill. LEXIS 48

Syllabus

<p>Witness&emdash;competency of a wife to testify in corroboration of the testimany of her husband in a suit in which he was or was not interested. In an action against a corporation to recover for personal services rendered by the plaintiff for the defendant, a question was made whether the claim arose under a special contract fixing the compensation at less than the amount sought to be recovered. A person, who was not a party to the suit, testified in behalf of the defendant company that he, as agent of the company, made the special contract alluded to, with the plaintiff. The testimony of the wife of this witness was offered in support of that of her husband. The members of the court were not agreed upon the question of fact whether the husband who had testified, had an interest in the event of the suit as being a stockholder in the defendant corporation, or whether his relation to the company was merely that of a contractor and builder of the road to construct which the company was organized,&emdash;but a majority of the judges concurred in holding that under the statute concerning the qualification or disqualification of witnesses the wife was a competent witness whether her husband was a stockholder in the corporation or not.</p>