Choate v. Huff

Opinion by

White, P. J.

§ 280. Evidence; deposition to prove claim presented to executor is res inter alios when offered in suit after-wards instituted. Choate brought this suit against Huff and Cole as executors of one Fielding Hill to recover a thousand dollars alleged to be due him on a note executed by said Hill, deceased, on November 15, 1888, and due twelve months after date, bearing interest at ten per cent., and which note, it was alleged in the petition, was lost. At the trial, judgment was rendered for defendants, executors, and from that judgment this appeal is taken.

The first error…