Wade v. J. H. Eckford & Co.

Citations

• 28 Tex. 520

Syllabus

<p>The competency of a witness with respect to his interest in the result of the suit is not to be determined by his own opinion on the question. It depends upon the actual existence of such an -interest, and that is to be determined by the court from the facts, and not by the opinion of the witness.</p> <p>In a suit by a firm on an open account, the plaintiffs offered one partner of the firm as a witness to prove their account, who stated on his voir dire that he was entitled to one-third of the profits of the business, hut that he considered there were no profits; that he owed an account to the firm, which he would have to pay if the other assets should he insufficient to pay the firm liabilities, other than the capital invested, hut that the other assets were sufficient for that purpose, and that he did not consider that he had any interest in the result of the suit: Held, that the objection of interest was well taken, and was erroneously overruled.</p>