Rogers v. Grannis
Supreme Court of Alabama
Error to the Circuit Court of Tuskaloosa. Tried before the Hon. Geo. D. Shortridge. Assumpsit by 0. B. Grannis & Co. against the plaintiff in error as administrator cfe bonis non of James McCullough, deceased, on a note purporting to have been executed by the intestate; pleas (among others), non assumpsit and non est fac-tum. The plaintiff offered to prove at the trial the admissions of the previous administrator as to justness and genuineness of the note.
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Error to the Circuit Court of Tuskaloosa. Tried before the Hon. Geo. D. Shortridge. Assumpsit by 0. B. Grannis & Co. against the plaintiff in error as administrator cfe bonis non of James McCullough, deceased, on a note purporting to have been executed by the intestate; pleas (among others), non assumpsit and non est fac-tum. The plaintiff offered to prove at the trial the admissions of the previous administrator as to justness and genuineness of the note. The defendant objected to this evidence, but the court overruled his objection and admitted the evidence. The plaintiff also offered in…
1Opinion of the CourtChilton, J.
The first question arising on this record is, whether the admissions of Mrs. McCullough, made while she was administratrix de lonis non, and which tend to show the genuineness of the note sued on, should have been admitted against the defendant, who is sued as her successor.
After the best examination which I have been enabled to bestow upon this point, I have been unable to arrive at the conclusion that the court properly received such admissions.
It is well settled that the admission of one of several administrators shall not be received against another, though they are both defendants to the…
2Cases cited5 opinions
- Forsyth v. GansonNew York Supreme Court · 1830
- Caruthers v. Mardis' adm'rsSupreme Court of Alabama · 1842
- Hammon v. HuntleyNew York Supreme Court · 1825
- Newhouse & Co. v. RedwoodSupreme Court of Alabama · 1845
- Hall, Weeks & Co. v. DarringtonSupreme Court of Alabama · 1846
3Cited by5 opinions
- Steele v. Steele's Adm'rSupreme Court of Alabama · 1879
- Martin v. Ellerbe's Adm'rSupreme Court of Alabama · 1881
- Graves's Administrator v. FlowersSupreme Court of Alabama · 1874
- Thomas v. SternsSupreme Court of Alabama · 1858
- Passmore v. EllingtonSupreme Court of Alabama · 1898