Timberlake v. Thayer

Citations

• 76 Miss. 76

Syllabus

<p>1. Witnesses. Rule excluding from hearing others.</p> <p>Where the rule excluding the witnesses from hearing the evidence has been invoked, if it appear that one called to testify has not heard the evidence already introduced, it is error to refuse to receive his testimony, although he himself has not been under the rul e.</p> <p>2. Promissory Note. Indorser. Demand. Waiver of notice and protest.</p> <p>In a suit against an indorser of a promissory note containing- a waiver of ‘ ‘ notice and protest, ” it is unnecessary for the plaintiff to prove a demand for payment of the maker before suit. Carpenter v. Reynolds, 42 Miss., 807.</p> <p>3. Same. Set-off. Evidence. Statute of frauds.</p> <p>If, in a suit on a promissory note, the defendants set up, by way of set-off, and testify to the terms of, a parol contract between the parties, and services rendered thereunder, it is competent for the plaintiff to state in evidence his version of the contract, even though the terms thereof, as testified to by plaintiff, make the contract within the statute of frauds.</p>