Legal Opinion

Harpending's ex'rs v. Daniel

Court of Appeals of Kentucky

Decided October 19, 1882PublishedCited by 16 opinions

Case 85 — ORDINARY APPEAL PROM CALDWELL CIRCUIT COURT. 1. E. W. Daniel having been once a joint holder and owner of the check, cannot, by assigning, his interest to another, render himself competent to prove the statements or declarations of Dudley made during his life-time. When Daniel is offered, Dudley was dead. :2. Although Dudley testified upon a former trial, yet his death renders Daniel incompetent to prove his statements.

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Case 85 — ORDINARY APPEAL PROM CALDWELL CIRCUIT COURT. 1. E. W. Daniel having been once a joint holder and owner of the check, cannot, by assigning, his interest to another, render himself competent to prove the statements or declarations of Dudley made during his life-time. When Daniel is offered, Dudley was dead. :2. Although Dudley testified upon a former trial, yet his death renders Daniel incompetent to prove his statements. (Civil Code, sees. 605, 606, subsec. 6; 19 Conn., 292; 14 Mass., 534; 2 Cranch, 358; 7 lb., ■52; 6 lb., 307; 3 Seammon, 153; 15 Johns., 358; 4 Const., 140; 3 A. K.…

1Opinion of the Court

JUDGE LEWIS.

DELIVERED THE OPINION OF THE COURT.

August 30th, 1873, A. Harpending drew and delivered in Princeton, Kentucky, a check upon Henry Clews & Co., bankers in the city and State of New York, for $1,000, payable to E. H. Daniel & Brother, or order. And September 22d, 1873, the latter firm sold and transferred the ■check, by written indorsement, to R. M. Bishop & Co., of •Cincinnati, Ohio, who, on the 25th of the same month, ■caused it to be presented for payment to Henry Clews & Co. at their banking-house in New York, and payment being refused, it was duly protested for non-payment, and…

2Cases cited1 opinion

  1. Hardin's adm'r v. TaylorCourt of Appeals of Kentucky · 1880

3Cited by16 opinions

  1. Cincinnati, New Orleans & Texas Pacific Railway Co. v. MartinCourt of Appeals of Kentucky · 1912
  2. Swearingen's v. TylerCourt of Appeals of Kentucky · 1909
  3. Bastin v. GivensCourt of Appeals of Kentucky · 1916
  4. Black v. McCarley's Ex'rCourt of Appeals of Kentucky · 1907
  5. Fordson Coal Company v. MillsCourt of Appeals of Kentucky (pre-1976) · 1930

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