It has been decided in Putnam v. Churchill, 4 Mass. 516, that where the note, alleged to be
Another question raised, is whether the statement of defendants should not have been admitted because the note, originally payable to Caldwell, was in fact given to the plaintiff. The note was running to Caldwell, and whether or not it was his property is wholly immaterial. He was a party to the note, and when it was negotiated this kind of evidence could no longer be allowable.
It is contended also, that the plaintiff had no right to buy this demand and sue it, and thereby prevent the defendants from using him as a witness. There is a rule of law, that a man cannot make himself interested, and thus prevent his being called as a witness, and there is another, that a note may be negotiated. There may seem to be some hardship in this case, but we think it best to adhere to the general principle that one party cannot be made a witness, rather than the other. Exceptions overruled.