Anderson v. Russell
Michigan Supreme Court
Error to Lenawee Gircuit. The matter in controversy in this case relates to a claim of the plaintiff in error against the estate of Edwin J. Bryan, deceased, of which defendant in error is administrator. The claim was upon two promissory notes and a small account. The commissioners on claims allowed the amount of one of' the notes and the account, and disallowed the amount 'of the other note.
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Error to Lenawee Gircuit. The matter in controversy in this case relates to a claim of the plaintiff in error against the estate of Edwin J. Bryan, deceased, of which defendant in error is administrator. The claim was upon two promissory notes and a small account. The commissioners on claims allowed the amount of one of' the notes and the account, and disallowed the amount 'of the other note. The claimant appealed, and upon the trial in the circuit the jury reached the same result as the commissioners did. The claimant brought error.
1Opinion of the Court
Cooley, Gii. J:
We are not satisfied that any error was committed on the trial of this cause.
*110The fact that the administrator did not put himself upon the stand on the hearing before the commissioners, to contradict the testimony of the claimants, is not one from which inferences can safely be drawn against the estate. Many things might influence the administrator in abstaining from being sworn. It would usually be reason sufficient that the 'claimant’s case, as it then stood, was so weak that the commissioners must reject his claim; and that may have been the administrator’s opinion in this…
2Cited by2 opinions
- Gavigan v. ScottMichigan Supreme Court · 1883
- Cavanagh v. Township of RiversideMichigan Supreme Court · 1904