Greely v. Willey

The mere fact that a defendant of record has obtained a discharge in bankruptcy does not render him a competent witness for his co-defendant in the trial of an action prosecuted by the administrator of a deceased plaintiff.

Assumpsit, on a promissory note signed by the defendants,. George F. Willey, Nelson S. Willey, and George G. Tenney. The writ was dated May 3, 1899, and on that date the real estate of Nelson S. and Tenney was attached. George F. was a bankrupt at that time, and Tenney became one in July, 1900. George F. received his discharge prior to November 20, 1900, and on that-date Tenney received his discharge. This debt was included in their schedules. They pleaded their discharge as a defence to this action, and the defendant Nelson S. offered to show by the testimony of George F. and Tenney that the note in suit was given to evidence a loan made to George F., that he did not sign the-note until after it had been delivered to Greely, and that there was no consideration for his promise. It appearing that Greely had died since the action was begun and that it is prosecuted by his administrator, the evidence was excluded, and the defendant. Nelson S. Willey excepted. . Transferred from the October term,. 1901, of the superior court by Young, J.