Mills v. Beard

Citations

• 19 Cal. 158

Syllabus

<p>Where a party, assuming to act as agent for the payee and indorser of a note, waived demand and notice for his principal, and was the only person from whom a knowledge of the transaction could be obtained: Held, that he is ex necessitate a competent witness for the holder of the note in suit against the maker and indorser.</p> <p>In such cases the fact of interest does not exclude the witness, his competency constituting an exception to the general rule of exclusion on the ground of interest.</p> <p>Where an agent, on behalf of his principal, the indorser of a note, indorsed upon the note, on the day of its maturity, a waiver of notice of nonpayment: Held, that it was competent to prove by the agent a verbal waiver of demand also; that where demand and notice are both waived in one agreement, but the waiver of the latter only is reduced to writing, the waiver of the former may be proved by parol.</p>