...worthy of remark is, that parties to suits and persons interested are permitted to testify, except where one of the original parties to the contract or cause of action is dead or insane, or where an executor or administrator is a party, on a contract of deceased, in...

...others because of the wording of the statutes. Thus in Massachusetts the proviso in the statute that where one of the original parties to the contract or cause of action then in issue and on trial is dead, the other party shall not be admitted to testify in his own favor,...

...that heirs at law are not disqualified by statute making incompetent as witnesses in their own behalt one of the original parties to the contract or cause of action, where the other party has since deceased. Garvin v. Williams, 50 Mo. 206, holding that beneficiaries...

...of Deceased — Review — Briefs. The words, "the other party," as used in PS 1589, providing that, where one of the original parties to the contract or cause of action in issue is dead, "the other party" shall be disqualified to testify, refer to the other party to the original...

...should be disqualified as a witness in a civil suit because of his interest as a party, except that, "where one of the original parties to the contract or cause of action in issue and on trial is dead, or is shown to the court to be insane, the other party shall not be admitted to testify in his own...

...Division concurred. On page 488, he said: "We have reached the conclusion that the witness was not a party to the contract or cause of action in issue and on trial in this case. The evidence shows that all of the three purchasers were present in the bank at the time...

...reason of his interest in the event of the same, as a party or otherwise- "provided, that in actions where one of the original parties to the contract or cause of action in issue and on 'trial is dead * * ' * the other party to such contract or cause of action shall not be admitted to testify." This...

...claiming under him." It was held in the case of Chapman v. Dougherty, 87 Mo. 617, that the "disability of one of the original parties to the contract or cause of action, in issue and on trial, where the other party is dead, and the survivor is a party to the suit, is co-extensive with every...

...handed down by Division 1 there is little room for question in this state that an agent of one of the parties to the contract or cause of action in issue, and on trial is a competent witness notwithstanding the death of the other party to such contract. In that case Judge...

...civil cases. Ib. 4. Negotiable Note: Agent: Competent Witness: One Party Dead. An agent of one of the parties to the contract or cause of action in issue and on trial is a competent witness notwrthstanding the death of the other party to such contract. The agent of the...