Gano v. McCarthy's adm'r
Court of Appeals of Kentucky
Case 84 — ORDINARY APPEAL FBOM FAYETTE CIRCUIT COURT. 1. Possession of a note is prima facie evidence of ownership, and a party claiming adversely to the holder must show that the possession is wrongful.
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Case 84 — ORDINARY APPEAL FBOM FAYETTE CIRCUIT COURT. 1. Possession of a note is prima facie evidence of ownership, and a party claiming adversely to the holder must show that the possession is wrongful. (Carlyle & Offutt v. Patterson, 3 Bibb, 33; Speed’s ex’r v. Nelson’s ex’r, 8 B. M., 502; Crosthwaite v. Mizener, MS. Op., Dec. 18, 1877.) .2. The statement made to appellant by the holder of the note, at the time she assigned it to him, that she had acquired it as a gift from her uncle, was competent as a part of the res gestae. (May v. Jones, 4 Litt., 24; Shackleford v. Smith, 5 Dana, 240.)-…
1Opinion of the Court
JUDGE PRYOR
delivered the opinion oe the court.
In the year 1872 Samuel Devore executed and delivered8 his note to one Florence McCarthy for $300. McCarthy-died in the year 1875, and the payor, Devore, died shortly after. Mary Straughn, a niece of the intestate McCarthy, after the latter’s death, assigned this note for a valuable consideration to the appellant, R. M. Gano.
- The administrator of McCarthy, Tarlton, instituted this-action against the administrator of Devore, seeking to recover the amount of the debt. Devore’s administrator-pleaded that the estate of his intestate was owing the…
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