Heaslet v. Spratlin
Supreme Court of Arkansas
APPEAL from Arkansas Circuit Court. John M. Elliott, Judge. Heaslet, as administrator of Mills, brought suit against Spratlin on a due bill for $150. The latter in defense testi■fied that, after the instrument was executed, Mills agreed to take $125 in full payment of the debt; that he paid this ■amount and took Mill’s receipt therefor, which is as follows: “ October 22, 1887. “ Received of E. J. Spratlin ($125) one hundred and twenty-five dollars, as payment on due bill…
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APPEAL from Arkansas Circuit Court. John M. Elliott, Judge. Heaslet, as administrator of Mills, brought suit against Spratlin on a due bill for $150. The latter in defense testi■fied that, after the instrument was executed, Mills agreed to take $125 in full payment of the debt; that he paid this ■amount and took Mill’s receipt therefor, which is as follows: “ October 22, 1887. “ Received of E. J. Spratlin ($125) one hundred and twenty-five dollars, as payment on due bill held by me. “ P. B. Mills.” The cause was tried without a jury, and judgment was-rendered for defendant. Plaintiff…
1Opinion of the CourtCockrill, C. J.
As the suit was by an administrator to recover a debt claimed to be due to his intestate, the defendant was not a competent witness to testify to transactions with and statements made by the intestate in reference to the matter in controversy. Sec. 2, schedule to const, of' 1874. See Nunnally v. Becker, 52 Ark., 550. But the record does not disclose that objection was made to the introduction of the testimony, and it cannot be raised here for the first time.
Accord e c u t e elpayment. unex The judgment for the defendant cannot be sustained,, however. The receipt for money paid to the…
2Cited by8 opinions
- Umberger v. WestmorelandSupreme Court of Arkansas · 1951
- Dreyfus v. RobertsSupreme Court of Arkansas · 1905
- Campbell, Administrator v. HammondSupreme Court of Arkansas · 1941
- Lisko v. Hicks.Supreme Court of Arkansas · 1938
- Lamberton v. HarrisSupreme Court of Arkansas · 1914
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