Crisman v. Smith

Smith, administrator of Jacob Crisman, sued William Crisman for money had and received to the use of the deceased. Answer: 1. Denial. 2. As to a part that it was a gift, &c.

It appeared from the evidence of plaintiff and defendant that the defendant and family were living in the house of, and with the deceased, during his last sickness, and at his death; that about that time the defendant collected, on a note due the deceased, the sum of 397 dollars; and sold of *14his cattle, 60 dollars. Whether the note upon which the collection was made, had been given to the defendant, and the money received…