Case No. 9,244.

MASON v. MASI.

[5 Cranch, C. C. 397.]¹

Circuit Court, District of Columbia.

March Term. 1838.

WITNESS—COMPETENCY—INDORSER.

An indorser of a promissory note is a competent witness for the defendant in an action by the indorsee against the maker.

[See Bank of Alexandria v. Clarke, Case No. 844.]

[This was an action at law by Milo Mason's administrator against Seraphim Masi.]

Assumpsit, upon the defendant's promissory note to Nicholas Harper, and by him indorsed to the plaintiff's intestate.

Mr. Morfit, for defendant offered the indorser, Nicholas Harper, as a witness to prove payment by the defendant; and cited White v. Kibling, 11 Johns. 128; Cooper v. Davies, 1 Esp. 463; Charrington v. Milner, Peake, 8, and Starkie, Ev. pt. 4, p. 300.

THE COURT (THRUSTON, Circuit Judge, contra, and the other judges doubting) permitted 1048him to be sworn and examined, to prove payment by the defendant; and said they would hear a motion for a new trial if the verdict should be for the defendant.

Verdict for the plaintiff, $50, with interest from the 25th of March, 1835.

Judgment for the plaintiff.

¹ [Reported by Hon. William Cranch, Chief Judge.]

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