Logsdon v. Stern
Court of Appeals of Kentucky
Case 23 — Action by Jesse G. Logsden against Mes. E. Steen fob Malicious Peosecution APPEAL FROM JEFFERSON CIRCUIT COURT, COMMON PLEAS DIVISION. Judgment for Defendant and Plaintiff Appeals.
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Case 23 — Action by Jesse G. Logsden against Mes. E. Steen fob Malicious Peosecution APPEAL FROM JEFFERSON CIRCUIT COURT, COMMON PLEAS DIVISION. Judgment for Defendant and Plaintiff Appeals. The question in this case is, can both a husband and wife testify in behalf, one of the other, in an action for or against either of them, where either has acted, as the agent for the other? Our contention is, that the statute allows “either” of them to testify as to any matter connected with such an agency, and that the word either can not he construed to include “both,” and that after the wife had…
1Opinion of the Court
Opinion on the court by
JUDGE NUNN
Affirming.
It appears from the record that appellee, Mrs. E. Stern, is the owner of a store in the city of Louisville, and that her husband, Jacob Stern, is the manager thereof, and that *219some two or three years since either the appellant Jesse G. Logsden, or his son, Tony Logsden, purchased of E. Stern, her husband, Jacob, making the sale, a suit of clothes at the price of $12.50. Some time after the sale, the appellee, by her husband and manager, instituted a suit for the balance of this account, to-wit, $6.50, against appellant, Jesse G. Logsden, and obtained…
2Cited by7 opinions
- North River Insurance v. DycheCourt of Appeals of Kentucky · 1915
- People's Bank v. BakerCourt of Appeals of Kentucky (pre-1976) · 1931
- Wells v. LockhartCourt of Appeals of Kentucky (pre-1976) · 1935
- Edwards v. Citizens' Savings Bank of PaducahCourt of Appeals of Kentucky (pre-1976) · 1932
- Monahan v. SchwartzCourt of Appeals of Kentucky · 1908
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