Legal Opinion

Zimmerman v. Hemann

Supreme Court of Arkansas

Decided February 23, 1920PublishedCited by 1 opinion

Appeal from Lonoke Circuit Court; George W. Clark, Judge; STATEMENT OE FACTS. F. H. Hemann, as administrator with the will annexed, of the estate of C. H. Hemann, deceased, brought this suit in the circuit court against Geo.' F. Zimmerman ■ to recover $1,200' with the accrued interest. In his complaint he alleges that C. H. Hemann in his lifetime was the owner and in possession of $1,200 and delivered it to Geo. F. Zimmerman for safe-keeping.

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Appeal from Lonoke Circuit Court; George W. Clark, Judge; STATEMENT OE FACTS. F. H. Hemann, as administrator with the will annexed, of the estate of C. H. Hemann, deceased, brought this suit in the circuit court against Geo.' F. Zimmerman ■ to recover $1,200' with the accrued interest. In his complaint he alleges that C. H. Hemann in his lifetime was the owner and in possession of $1,200 and delivered it to Geo. F. Zimmerman for safe-keeping. The complaint also alleges that since the death of C. H. Hemann the said Zimmerman has converted the money to his own use. In the "first paragraph of…

1Opinion of the CourtHart, J.

(after stating the facts). The court was right in directing a verdict for the plaintiff. It is true both according to the allegations of the complaint and the averments of the answer that the money was in the possession of the defendant, but the mere possession of the money by the defendant could not raise any presumption of a gift to him. Neither was he a competent witness to establish the fact that Hemann had given him the money in his lifetime. Such testimony would clearly be within the inhibition of the Constitution which provides that in an action by or against the executors and…

2Cases cited2 opinions

  1. Carter v. YoungerSupreme Court of Arkansas · 1916
  2. Wilson v. EdwardsSupreme Court of Arkansas · 1906

3Cited by1 opinion

  1. Rankin v. MorganSupreme Court of Arkansas · 1937

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