MARCH TERM, 1796.
CASE, by the indorsee against the payee and indorser of a promissory note, drawn by Joseph Harrison.
The question was, whether the defendant had received notice within a reasonable time, of the non-payment of the note by the drawer? Jacob Lawerswyler, the runner of the bank, was called as a witness to prove the notice; but, after a long examination in chief, he stated, on his cross examination, "that he was the " executor of Jacob Winney, a stockholder in the bank of North " America; and was entitled to a share in the residuum of the " testator's estate."
The defendant's counsel then objected to the competency of the witness, on account of his interest in the bank. They insisted, that although this appeared after a cross examination, it was sufficient for the rejection of his evidence altogether; and, that, consequently, as there was no proof of notice, independent of his evidence, the plaintiff must be nonsuited.
The COURT concurring, clearly and explicitly, in the opinion of the defendant's counsel,
The plaintiff suffered a nonsuit.