Partee v. Silliman

Citations

• 44 Miss. 272

Syllabus

<p>1. Policy — Judicial—Legislative—The policy of modern legislation and judicial decision is ratlior to widen the door for the reception of testimony, and to give to the party proposing the testimony the benefit of all doubts as to its competency.</p> <p>2. Endobseb — Witness.—The ondorser of a bill of exchange or a promissory note, is a compotont witness, generally, against the acceptor or drawer, for the plaintiff or defendant. But he will not be allowed to invalidate the instrument to which he has given credit by his signature.</p> <p>3. Same. — If the endorser of negotiabie paper sued on has not been notified of its dishonor, ho is not responsible upon it, and is competent as a witness for either party; but if he has been so notified, he is liable to the plaintiff on his indorsement, and is insufficient as a witness.</p> <p>4. Capacity ob wn?E — Authorization op husband — When presumed_The law of Louisiana requires the authorization of the husband to capacitate the wife to con - tract. Such authorization in commercial contracts is presumed if he permits her to to trade in her own name; and to all contracts where he is himself a party to them It' she subscribes a promissory note with her husband, it must be proved, in order to bind her, that the debt contracted Was for her benefit.</p> <p>5. wipe’s MABmrre — Laws of Louisiana. — The wife is liable, under the law of Louisiana, for debts contracted for her individual use, or for rendering her par-aphernal property more productive, or in supporting those marriage charges which she is bound to bear. Nor is the authorization of the husband necessary to the validity of the acts necessary to the administration of her paraphernal estate.</p> <p>6. Lex loci contbactus — Lex Eobi. — Contracts and moveable property have no situs. Whatever is a valid disposition of personal property, according to the forms and solemnities of the place where the act is done, it is good in whatever place a right is asserted under it. Bor the