Cestero v. Heirs of Cestero

The defendants assign error in permitting evidence of a transaction with a person since deceased in violation of law.

The defendants did not appear at the trial and Angel Cestero was permitted to testify that he had loaned $1,000 to his brother Eduardo Cestero, since deceased.

In Wilcox v. Axtmayer, 23 P.R.R. 319, this court held that section 3 of the Act of 1904 was not repealed by the *909General Law of Evidence passed in 1905. Section 3 reads as follows:

“In actions by or against executors, administrators or guardians, in which judgment may he rendered for or against them as such, neither party…